J&K Civil Services Regulations amended | Family of missing Government employee, pensioner can apply for all dues, 6 months after lodging Police report

Jammu, Feb 21: The family of a missing J&K government employee or pensioner can apply for the grant of family pension, amount of salary due, leave encashment due and the amount of GPF and gratuity, six months after lodging of Police report.

An amendment in this connection has been made in the Jammu & Kashmir Civil Services Regulations, 1956, (Vol-I), following a direction by the Lieutenant Governor, in exercise of the powers conferred by a proviso to Article 309 of the Constitution.

Amendment related to Article 249-P dealing with the Entitlements of family of a missing Government servant, pensioner or family pensioner.

As per earlier provision, when an employee disappears leaving family, the family can be paid in the first instance the amount of salary due, leave encashment due and the amount of GP Fund having regard to the nomination made by the employee and after lapse of a period of one year, other benefits like D. C R. G., family pension may also be granted to the family.

Following amendment, in the case of a missing employee or pensioner or family pensioner, the family can apply for the grant of family pension, amount of salary due, leave encashment due and the amount of GPF and gratuity (whatever has not already been received) to the Head of Office of the department where the employee or pensioner had last served, six months after lodging of police report.

The family pension and retirement gratuity may be sanctioned by the Administrative Department after observing certain formalities.

As per formalities, the family must lodge a report with the concerned Police Station and obtain a report from the police, that the employee or pensioner or family pensioner has not been traced despite all efforts made by them. The report may be a First Information Report or any other report such as a Daily Diary or General Diary Entry.

“An Indemnity Bond should be taken from the nominee or dependants of the employee or pensioner or family pensioner that all payments will be adjusted against the payments due to the employee or pensioner or family pensioner in case she or he appears on the scene and makes any claim,” it has been stipulated.

In the case of a missing employee, the family pension, at the ordinary or enhanced rate, as applicable, will accrue from the expiry of leave or the date up to which pay and allowances have been paid or the date of the police report, whichever is later.

As per amendment, in the case of a missing pensioner or family pensioner, the family pension will accrue from the date of the police report or from the date immediately succeeding the date till which pension or family pension had been paid, whichever is later.

The retirement gratuity will be paid to the family within three months of the date of application.

“In case of any delay, the interest shall be paid at the applicable rates and responsibility for delay shall be fixed. The difference between the death gratuity and retirement gratuity shall be payable after the death of the employee is conclusively established or on the expiry of the period of seven years from the date of the police report,” Principal Secretary Finance Santosh D Vaidya stated.

However, before sanctioning the payment of gratuity, the Head of Office will assess all government dues outstanding against the employee or pensioner and effect their recovery in accordance with Article 168-AA of J&K CSR, Vol. I and other instructions in force for affecting such recoveries.

The amount of salary due, leave encashment due and the amount of GPF will be paid to the family in the first instance as per the nominations made by the employee or pensioner on filing of a police report and submission of an indemnity bond.

“The benefits to be sanctioned to the family or nominee of the missing employee or pensioner will be based on and regulated by the emoluments drawn by him or her and the rules or orders applicable to him or her as on the last date he or she was on duty including authorized periods of leave,” it has been specified.