| Subject |
Disposal of delay in the payment of family pension, death gratuity and other dues to the family on account of non-recovery of dues from the deceased employees of the Board, while they were alive, or on account of pending disciplinary / court proceedings against them. |
| Sir, |
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I am directed to say that the families of the deceased employees of the Board are eligible for gratuity and family pension under Uttar Pradesh Retirement Benefit Rules 1961 and New Family Pension Scheme 1965. From time to time, cases are received by the Board wherein due to non-recovery of dues of the deceased employees of the Board while they were alive, or due to pending disciplinary / court proceedings against them, because of which their family faces delay in timely payment of family pension, death gratuity, sanction of other due payments. Upon examination of such matters, it was found that regional officials are either not aware of the orders issued by the Board from time to time regarding delay in payment of family pension, death gratuity and other dues, or they do not follow them. |
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Therefore, for the sanction of the payment of family pension and death gratuity etc. and the delay in their payment for the above reasons, your attention is drawn towards the directives issued by the Government/Board level from time to time and you are requested to ensure strict compliance of these orders. |
| (1) |
Recovery of dues against deceased Board employees:- |
| (1) |
In this connection, Board order no. 893-Pension / 31 / RVP-461 (P) / 89 read with Government order No.Sa-3.1715 / Ten 89- 933/89, dated 28.7.1989 in the clause (5) -2 (8) (2) it has been said clearly that: |
| (A) |
General recovery against deceased Board member for long term advances such as house construction / purchase / repair of and for the purchase of vehicle and house rent/penal rent etc. will be made from his death gratuity. |
| (B) |
In addition to the aforesaid liabilities mentioned above (A), other dues will not be recovered from his death gratuity until it is ensured that in this regard the Board employee was given a "show-cause- notice" and opportunity to present his side, and the information regarding recovery of outstanding dues has been given to the family of the deceased Board employee. |
| (C) |
If the long term advances given to employee for house construction/repair purchase of vehicle has not been recovered with interest, after death, it will not be recovered from death gratuity and leave encashment i.e. after the death of employee, no interest will be charged on his long term advances. |
| (D) |
If the deceased Board employee had charge of stores, it should immediately be ensured that after the death of employee that the charge of this store has been taken by the neared officer/employee and security arrangement has been made for material in store site. If it is not possible to get the charge of the store immediately, it should be ensured that physical verification of material lying at the store site has been done by the duly constituted committee in the presence of a valid member of the deceased employee's family. In addition it should be ensured that the shortfall between the volume of this material and the volume found during the last annual physical verification/last half-yearly verification and last monthly verification, is evaluated, and the value/price of this shortfall will be adjusted against the death gratuity to be given to the deceased employee's family. If the sanctioned death gratuity is less than the amount of the missing material, an approval of the "competent authority" to be taken to write off remaining amount. |
| Comment |
If the regular annual / half-yearly and monthly physical verification of store material has not been done before the death of the employee, the concerned officers will be responsible for this shortfall after the death of store employee and the value of missing store material should be recovered from the concerned officer. |
| (E) |
No recovery can be made from the family pension. Paying family pension to the deceased family is a social welfare work and responsibility of the Board, no rule gives the right to make any deduction from the family pension. |
| (F) |
The family pension given to the family of Board employee will not be discontinued against the dues of Government/Board or non-government/Board. Full family pension will be sanctioned and paid to the family of deceased employee. |
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| 2. |
Pending departmental / judicial proceedings / inquiry against the deceased Board employee: |
| (A) |
If any departmental / judicial proceedings / investigation is pending in any case against the Board employees on date of his death, since he cannot represent his side after his death and one sided inquiry is not justified by the law therefore by the Government order No -3-1713 / Ten-89- 933/89 dated 28.7.1989 vide para (5) -2 (b) under which all departmental / judicial proceedings against a deceased employee shall automatically deemed to be terminated. |
| (B) |
In case a Board employee under suspension and administrative or judicial inquiries instituted against him, dies before it ends, in that case according to Board order No 701-G / RVP-Ka-171A / 86, dated March 7, 1981 (attachment-1) read with Financial Handbook Volume 2 Part 2-4 original rule 54-kh (2) of the above Financial Handbook rule 53, the period between the date of the suspension of the employee and the date of his death for all purpose, will be treated as his working period, and his family will be paid all allowances adjusting subsistence allowances already paid for which he (deceased employee) was entitled if he had not been suspended. |
| (C) |
If the family member of the deceased Board employee who is entitled to get his share of family pension and death gratuity, is involved in the murder of any Board employee or found guilty for abetment of crime, the member of the family vide the Government Order (No-3 -220 / 10-905/81 dated September 16, 1981) (attachment-2) will be debarred to get family pension and under Government order No –Sa-3-1253 / ten-935-75, dated September 16, 1981 (attachment-3), read along with Rule-12 of Uttar Pradesh Retirement Benefit Rules, 1961 he will be debarred to get any compensation. |