The gratuity payable under rule 45 of CCS Pension Rules 2021 shall be paid to the person or persons on whom the right to receive the gratuity is conferred by means of a nomination under rule 46
Eligibility for Gratuity
Persons to whom gratuity is payable
(1)(a) The gratuity payable under rule 45 shall be paid to the person or persons on whom the right to receive the gratuity is conferred by means of a nomination under rule 46.
(b) In case there is no such nomination or if the nomination made does not subsist, the gratuity shall be paid in the manner indicated below,
(i) if there are one or more surviving members of the family as in clauses (i), (ii), (iii), (iv) and (v) of the explanation below sub-rule (6) of rule 45, to all such members in equal shares; or
(ii) if there are no such surviving members of the family as in sub-clause (i) above, but there are one or more members as in clauses (vi), (vii), (viii), (ix), (x) and (xi) of the explanation below sub-rule (6) of rule 45, to all such members in equal shares.
(2) In case a nominee pre-deceases the Government servant and the right conferred on that nominee has not been passed on to any other person under sub-rule (4) of rule 46 or the nomination made in respect of such person does not subsist or the nomination has become invalid on account of happening of any contingency mentioned therein, the share of gratuity in respect of such nominee shall be disbursed equally to all other members of the family who were eligible and alive on the date of death of the Government servant, including the members of the family in whose favour nomination has been made for payment of remaining amount of gratuity.
(3) In case a Government servant dies after retirement without receiving the retirement gratuity admissible under sub-rule (1) of rule 45, the gratuity shall be disbursed to the family in the manner indicated in sub-rule (1) of this rule.
(4) The right of a female member of the family, or that of a brother, of a Government servant who dies while in service or after retirement, to receive the share of gratuity shall not be affected if the female member marries or remarries, or the brother attains the age of eighteen years, after the death of the Government servant and before receiving her or his share of the gratuity.
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(5) Where gratuity is granted under rule 45 to a minor member of the family of the deceased Government servant, it shall be payable to the guardian on behalf of the minor.
(6)Payment of Minor’s share of gratuity shall be made to the natural guardian of the minor, if any . In the absence of a natural guardian, the payment of minors’s shar of gratuity shall be made to the person who furnishes a certificate of guardianship.
(7)In the absence of a natural guardian, payment of an amount not exceeding twenty percent of minor’s share of gratuity may be made to the guardian without the production of a guardianship certificate but on production of an indemnity bond in Format 7 and the balance amount of minor’s share of gratuity may be paid to the guardian on production of the certificate of guardianship.
(8) If there are more than one member of the family eligible to receive gratuity under this rule and if a member of the family has not submitted his claim for gratuity in Form 9, the case for sanction of gratuity to him may be processed after his claim has been received and the case of other eligible members of the family for sanction of gratuity may be processed without linking it with the case of the family member who has not submitted the claim in Form 9.
Debarring a person from receiving gratuity
(1) If a person who in the event of death of a Government servant while in service is eligible to receive gratuity in terms of rule 47, is charged with the offence of murdering the Government servant or for abetting in the commission of such an offence, his claim to receive his share of gratuity
shall remain suspended till the conclusion of the criminal proceedings instituted against him.
(2) If on the conclusion of the criminal proceedings referred to in sub-rule (1), the person concerned,-
(a) is convicted for the murder or abetting in the murder of the Government servant, he shall be debarred from receiving his share of gratuity which shall be payable to other eligible members of the family, if any,
(b) is acquitted of the charge of murdering or abetting in the murder of the Government servant, his share of gratuity shall be payable to him.
(3) The provisions of sub-rule (1) and sub-rule (2) shall also apply to the disbursed gratuity referred to in sub-rule (3) of rule 47.
Explanation.– For the purpose of this rule, the charge of murder or abetting in the murder of Government servant will include the charge of abetting death by suicide.
Lapse of retirement gratuity and death gratuity
Where a Government servant dies while in service or after retirement without receiving the amount of gratuity and leaves behind no family and
(a) has made no nomination, or
(b) the nomination made by him does not subsist,
the amount of retirement gratuity or death gratuity payable in respect of such Government servant under rule 45 shall lapse to the Government:
Provided that the amount of death gratuity or retirement gratuity shall be payable to the person in whose favour a Succession Certificate in respect of the gratuity in question has been granted by a Court of Law.
Source: CCS Pension Rules 2021