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Rule 78 - Pension on Deputation | KartavyaDesk

CCS Pension

Original Rule Text

(2) In the case of a Government servant who dies or goes missing while on deputation to a State Government or while on foreign service, action to authorise the payments of family pension and gratuity in accordance with the provisions of these rules shall be taken by the Head of Office or the cadre authority which sanctioned the deputation of the Government servant to the State Government or to the foreign service.

What This Means

Rule 78(2) of the CCS (Pension) Rules, 2021 addresses a specific situation: what happens when a government employee dies or goes missing while working for a State Government (deputation) or an international organization (foreign service). This rule clarifies who is responsible for processing and authorizing family pension and gratuity payments in such cases. Instead of the State Government or the foreign organization, the responsibility falls back on the original department or office that sent the employee on deputation or foreign service. This ensures that the family receives the benefits they are entitled to without unnecessary delays or confusion.

Essentially, this rule simplifies the process by assigning the responsibility to the office that has the employee's service records and sanctioned the deputation/foreign service in the first place. This avoids bureaucratic hurdles that might arise if the responsibility were to fall on the State Government or the foreign organization, which may not be familiar with the central government's pension rules. The 'Head of Office' or the 'cadre authority' that approved the deputation is responsible for initiating the necessary actions to ensure the family receives the pension and gratuity.

This rule directly affects the families of government employees who are on deputation or foreign service and unfortunately pass away or go missing during that period. It also impacts the Head of Office and cadre authorities responsible for managing the deputation or foreign service of government employees. They need to be aware of their responsibilities under this rule to ensure timely processing of pension and gratuity benefits.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • Applies when a government servant dies or goes missing while on deputation to a State Government or on foreign service.
  • The Head of Office or cadre authority that sanctioned the deputation is responsible for authorizing family pension and gratuity.
  • This rule ensures timely processing of benefits for the family of the deceased/missing employee.
  • The State Government or foreign organization is not responsible for processing the pension and gratuity.
  • The rule aims to streamline the process and avoid bureaucratic delays.

Practical Example

Mr. Rajesh Kumar, a Section Officer in the Ministry of Finance, was deputed to the Government of Karnataka for a period of three years. Sadly, after two years, he went missing during a trekking expedition. His wife, Mrs. Sunita Kumar, was understandably distraught. According to Rule 78(2), the Ministry of Finance, specifically the Head of Office who sanctioned Rajesh's deputation, is responsible for initiating the process to authorize family pension and gratuity payments to Mrs. Kumar. The Ministry will need to gather the necessary documentation, including the missing person report, Rajesh's service records, and Mrs. Kumar's details, and then process the pension and gratuity claims according to the CCS (Pension) Rules, 2021. Let's say the calculated family pension is ₹30,000 per month and the gratuity is ₹5,00,000. The Ministry of Finance is responsible for ensuring these payments are made to Mrs. Kumar.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

What happens if the employee's service book is with the State Government during deputation?
While the employee is on deputation, the original department should have a copy of the service book. If not, they should request a copy from the State Government to process the pension and gratuity.
Who determines the amount of family pension and gratuity in such cases?
The amount is determined based on the CCS (Pension) Rules, 2021, considering the employee's last pay drawn, length of service, and other relevant factors. The Head of Office will calculate this based on the rules.
What documents are required to process the family pension and gratuity?
Typically, the death certificate (if applicable), missing person report (if applicable), service book, nomination forms, family details, and any other documents required as per the CCS (Pension) Rules, 2021 are needed.
Does this rule apply to employees on deemed deputation?
Yes, if the employee is considered to be on deputation, even if it's 'deemed' deputation, this rule would apply. The sanctioning authority for the deemed deputation would be responsible.
What if the employee was permanently absorbed into the foreign service before death/missing?
If the employee was permanently absorbed, then this rule would not apply. The pension and gratuity would be governed by the rules of the foreign service organization or the State Government, as applicable.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Test Your Knowledge

Question 1 of 3

According to Rule 78(2) of the CCS (Pension) Rules, 2021, if a government servant dies while on deputation to a State Government, which entity is responsible for authorizing the payment of family pension and gratuity?

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