Sir,My sister unmarried and staying with my father while taking BSNL VRS in 2020 gave family particulars as father,one brother(myself) and sister with another brother's name missing.
She made main nominee as my sister for receiving Gratuity,pension arrears etc and expired recently in Oct2021 due to cancer illness.
As per CCS Rules Rule 50 subrule 6 states for family as her Spouse, children, Parents,unmarried daughters ,minor brothers, unmarried sisters.
Rule 53 subrule 1 states if Govt servant has family as per definition above then nominee should be done amongst one or more of the family members.
Rule 51 (1)(b)1 states that if one or more surviving family members exist Gratuity should be distributed equally.As per above only my father is surviving family member.
My query is whether my sister or my father is authorised for receiving my deceased sister's gratuity amount.
Hi,
Please note the following with regards to your query:
Clause (i) and (ii) of Rule 47(b) of the Central Civil Services (Pension) Rules, 2021 provide the following:
"(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.
As per Rule45(6)(vi), father can be a nominee. Accordingly, your father will be entitled to your deceased sister's gratuity.
Best regards,
Megha
