Rule 75 — CCS

75. Sanction, drawal and disbursement of provisional family pension and provisional gratuity on death of a Government servant.- (1) In the case of death of a Government servant, after a claim for family pension has been received by the Head of Office in accordance with rule 71 and the Head of Office is satisfied regarding the eligibility of the claimant for family pension, he shall draw provisional family pension not exceeding the maximum family pension as determined in accordance with the provisions of these rules, within fifteen days of the receipt of the claim. For this purpose, the Head of Office shall adopt the following procedure, namely :-

(a) he shall issue a sanction letter in favour of claimant or claimants endorsing a copy thereof to the Accounts Officer concerned indicating the amount of provisional family pension as determined;

(b) after issue of the sanction letter he shall draw the amount of the provisional family pension in the same manner as pay and allowances of the establishment are drawn by him.

(2) The Head of Office shall disburse the provisional family pension (including arrears, if any) immediately after the same has been drawn under sub-rule (1).

(3) Unless the period of provisional family pension is extended under the proviso to sub-rule (1) of rule 76, the payment of provisional family pension shall continue for a period of six months from the date following the date of death of the Government servant.

(4) The Head of Office shall inform the Accounts Officer as soon as provisional family pension has been paid for a period mentioned in sub-rule (3) or for the period extended under proviso to sub-rule (1) of rule 76, as the case may be.

(5) In the case of death of a Government servant, after the family pension and gratuity case has been forwarded by the Head of Office to the Accounts Officer concerned in accordance with rule 74, the Head of Office shall draw hundred per cent of the gratuity as determined in accordance with the provisions of these rules and for this purpose the Head of Office shall adopt the following procedure, namely:-

(a) he shall issue a sanction letter in favour of claimant or claimants endorsing a copy thereof to the Accounts Officer concerned indicating the amount of hundred per cent of the death gratuity as determined;

(b) he shall indicate in the sanction letter the amount recoverable out of the death gratuity under sub-rule (3) of rule 74;

(c) after issue of the sanction letter he shall draw the amount of hundred per cent of the death gratuity after deducting therefrom the dues mentioned in clause (b).

(6) The Head of Office shall disburse the death gratuity immediately after the same has been drawn under subrule (5). (7)

(a) Notwithstanding anything in sub-rule (1) of rule 73, if in a case of death of a Government servant, where the entire service rendered by the deceased Government servant is not capable of being verified and accepted immediately and there is likely to be a delay in determination of final amount of gratuity and forwarding the case to the Accounts Officer, the amount of gratuity shall be provisionally determined in accordance with clause

(b) of sub-rule (1) of rule 45 on the basis of the spell of qualifying service which is verified and accepted immediately preceding the date of death of the Government servant.

(b) If a claim in Form 9 has been received by the Head of Office, the amount of gratuity, so determined shall be authorised by the Head of Office, on provisional basis, within one month from the date of receipt of intimation or information about the death of the Government servant.

(c) The final amount of the gratuity shall be determined by the Head of Office on the acceptance and verification of the entire spell of service by him within a period of three months from the date on which the authority for the payment of provisional gratuity was issued and the balance, if any, becoming payable as a result of determination of the final amount of gratuity shall then be authorised to the beneficiaries.

(8) The Head of Office shall inform the Accounts Officer as soon as the provisional gratuity has been paid to the claimant or claimants in accordance with sub-rule (6) or sub-rule (7).

Details of provisional family pension and gratuity drawn and disbursed by the Head of Office in accordance with Rule 75 of Central Civil Services (Pension) Rules, 2021.