Asif Iqbal
Srinagar: In a significant decision which is expected is benefit several thousand families in Jammu and Kashmir, the Lieutenant Governor led administration has amended the Jammu and Kashmir Civil Services’ Regulations thereby enabling the families withdraw different sorts of emoluments, including GPF, of respective missing government servant, pensioner or any family pensioner from their parent department.
The amendment to the regulations has been affected by the Jammu and Kashmir administration, led by Lieutenant Governor Manoj Sinha, by virtue of the powers conferred to the chair as per the proviso to Article 309 of the Constitution.
“In the case of a missing employee/pensioner/family pensioner, the family can apply for the grant of family pension, amount of salary due, leave encashment due and the amount of GPF and gratuity (whatever has not already been received) to the Head of Office of the department where the employee/pensioner had last served, six months after lodging of Police report. The family pension and/or retirement gratuity may be sanctioned by the Administrative Department after observing the (certain) formalities,” reads the order copy, as per Alfaaz – The Words.
Among the formalities, the order reads, include i) The family must lodge a report with the concerned Police Station and obtain a report from the Police, that the employee/ pensioner/ family pensioner has not been traced despite all efforts made by them. The report may be a First Information Report or any other report such as a Daily Diary/General Diary Entry and ii) An Indemnity Bond should be taken from the nominee/dependents of the employee/pensioner/family Pensioner that all payments will be adjusted against the payments due to the employee/pensioner/family pensioner in case she/he appears on the scene and makes any claim.
“In the case of a missing employee, the family pension, at the ordinary or enhanced rate, as applicable, will accrue from the expiry of leave or the date up to which pay and allowances have been paid or the date of the police report, whichever is later.”
“In the case of a missing pensioner/family pensioner, the family pension will accrue from the date of the police report or from the date immediately succeeding the date till which pension/family pension had been paid, whichever is later,” reads the order.
The retirement gratuity, the order reads, will be paid to the family within three months of the date of application. “In case of any delay, the interest shall be paid at the applicable rates and responsibility for delay shall be fixed. The difference between the death gratuity and retirement gratuity shall be payable after the death of the employee is conclusively established or on the expiry of the period of seven years from the date of the police report.”
“Before sanctioning the payment of gratuity, the Head of Office will assess all Government dues outstanding against the employee/pensioner and effect their recovery in accordance with Article 168-AA of J&K CSR, Vol. I and other instructions in force for affecting such recoveries,” reads the order.
The amount of salary due, leave encashment due and the amount of GPF, as per the order, will be paid to the family in the first instance as per the nominations made by the employee/pensioner on filing of a police report and submission of an indemnity bond.
“The benefits to be sanctioned to the family/nominee of the missing employee/pensioner will be based on and regulated by the emoluments drawn by him/her and the rules/orders applicable to him/her as on the last date he/she was on duty including authorized periods of leave,” reads the order.
“Form 5 referred to in Article 249-0, as contained in Schedule XII, Volume II, shall be substituted by Form-5 forming Annexure to this notification,” the order further reads.
