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August 26, 2012 at 6:00 am #67825
After the death of my husband his CS order was issued and a copy was send on my name, Who is going to get the share, where is service book no nomination is done, My in laws claim the share, I have two minor children, please help me to get which order I should follow.August 31, 2012 at 6:37 am #73869
Payment of death/retirement gratuity to the members of family of the deceased employee is made according to the service rules. I don’t know the service rules for teachers and state govt. employees.
For central govt. employees, the Rule-51 of Pension rules for payment of death gratuity is that it should be paid to the wife/husband, sons and unmarried daughters in equal shares, if no nomination was submitted by the deceased employee when he/she was in service or if nomination, which was submitted earlier, has become invalid. If there is no such surviving members of the family (wife/husband, sons and unmarried daughters) payment should be made to the widowed daughters, father, mother, brothers (below 18 years), unmarried sisters, widowed sisters, married daughters and children of a pre-deceased son.
SO, WIFE/HUSBAND, SONS AND UNMARRIED DAUGHTERS ALWAYS GET THE FIRST PREFERENCE FOR DEATH GRATUITY. If the children are minor, then their legal guardian shall receive their shares on their behalf.
According to Rule-54 of pension, the PREFERENCE of payment of family pension to the family members of the deceased central govt. employees is decided on the basis of the following categorization:
CATEGORY-I: (1) Widow/ widower, up to the death or re-marriage. (re-married widows of central govt. employees also now get the family pension under new rules effective from year 2008).
(2) Son/ daughter including widowed daughter.
CATEGORY-II: (1) Unmarried / divorced/ widowed daughters who do not fall in Category-I, up to the date of marriage or re-marriage or till the date she starts earning or up to the date of her death, whichever is earliest.
(2) If there is no widow or no child, then the parents, who were wholly dependent on the deceased employee when he/she was alive, will get family pension.
FAMILY PENSION TO THE UNMARRIED /DIVORCED /WIDOWED DAUGHTERS AND DEPENDENT PARENTS OF THE DECEASED EMPLOYEE IS PAID WHEN THERE IS NO FAMILY MEMBERS IN CATEGORY-I IS ELIGIBLE.
Therefore, widowed wife, unmarried daughters and sons always get the priority for death gratuity and family pension.
Pension is related to the pay of an employee. So, if the widowed wife gets the first preference for family pension, I think, she will also get top priority for getting the salary arrear.
If an unmarried employee submits a nomination in favour of parents/brothers/sisters etc., that nomination becomes automatically invalid after his/her marriage because the wife/husband always gets the highest preference. Nomination is submitted to avoid confusion. The main intention of nomination is to record the NAMES of wife/son/daughter/parents etc. There is no confusion that “wife” gets the topmost priority but, the nomination form indicates the NAME of the wife. There will be no confusion if the employee declares his/her marriage (name of wife/husband) to the office.August 31, 2012 at 7:37 am #73871
@D.Polo: I think she wanted to know the rules/ Govt. orders for payment of arrear salary in respect of a deceased employee. The amount of arrear has became accrued due to Career Advancement scheme and the order of the same has been published after death of the employee. As far as I know the amount is payable to the family of the deceased employee and since he was married, his wife and children should be the claiment. But I cant put any document in this regard.August 31, 2012 at 12:13 pm #73873
Hi Big Bro!
I agree. But, it is difficult to get the G.O. for teachers. This is the cause of woe of many teachers. They become annoyed. I think, these rules don’t vary from state to state, central to state etc. Teachers will also be guided by similar rules. My intention is to grow confidence in her mind because she is afraid of suffering from financial loss and distress.
With regards.August 31, 2012 at 12:36 pm #73874
I think you are elder than me. Therefore you are my big bro I also think that her husband was not related with educational department as she never mentioned that.August 31, 2012 at 5:04 pm #73887
Hi little Bro!
Whenever I go through the queries/requests/comments etc. posted by the teachers I have seen in majority of the cases that they ask for G.O.s. – WHY? Why not the original rules? G.O.s are frequently put under challenge in the court and not the rules! In Moniruzzaman case in relation to claim of double increments for Ph.D. degree the Kolkata High Court has set aside the Educn. Deptt. G.O. dtd 05.01.2012 which created a bar to making claim for incremental benefits by the teachers who have acquired PhD after August,2005! – WHY?
With regards.August 31, 2012 at 5:59 pm #73889
I think the Govt employees have certain service rules but there is no such for the employees of aided schools. Thats why they have to rely upon the G.O.s.August 31, 2012 at 7:30 pm #73896
After the death of my husband his CS order was issued and a copy was send on my name, Who is going to get the share, where is service book no nomination is done, My in laws claim the share, I have two minor children, please help me to get which order I should follow.
Although you have not mentioned the service of your husband and to be specific, rest assured, no in laws will get anything without the affidavit containing no objection from you.September 12, 2012 at 1:36 pm #74106
Dr. Majumdar has nicely dealt with the case with reference to the original govt. rules.
To the best of my knowledge and belief Smt. Sunipa Sengupta and her minor children shall get all the dues from the govt. In-laws have no claim as long as widowed wife and children are alive!September 13, 2012 at 2:49 am #74113
I like to say sorry at first, because I am not belongs to the teachers community as well as not from the education department. I belongs to the Home Department but I am still confused about my service condition. But by surfing most of the time on net from my Mobile / Laptop I used to get information regarding your queries.
By that same way I got the
“West Bengal Primary Education (Teachers & Employees’ Death-cum-Retire Benefit) Rules, 2008”
I think it will solve the purpose of Mrs Sen Gupta.
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