LG amends civil services rule to aid families of missing govt employees, pensioners

Srinagar: Aimed at aiding families of missing government employees, pensioners and family pensioners, Lieutenant Governor Manoj Sinha has ratified an amendment to the Civil Services Regulations of 1956 allowing families of absent employees or pensioners to petition entitlements including family pension, pending salary, leave encashment and disbursements from General Provident Fund (GPF) and gratuity.
A notice issued by the Finance Department reads “In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the Lieutenant Governor is pleased to direct that the following amendment shall be made in the Jammu & Kashmir Civil Services Regulations, 1956”.
“Article 249-P shall be substituted by the following: Notification of family of a missing government servant/pensioner/family pensioner. (1) 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 the Police report,” it said.
The process entails the family to file a report with the concerned Police Station and obtaining confirmation from the authorities that the employee/pensioner/family pensioner remains unaccounted for despite exhaustive efforts.
This report may take the form of a First Information Report (FIR) or any other official documentation such as a Daily Diary/General Diary Entry.
Furthermore, it said that the nominee or dependants of the employee, pensioner, family pensioner are required to provide an Indemnity Bond assuring that any payments made will be adjusted against future claims should the missing person return.
In the case of a missing employee, the family pension will commence either from the expiration of leave, the last date of pay and allowances, or the date of the police report, whichever is later.
For missing pensioners/family pensioners, the family pension will begin from the date of the police report or the subsequent day following the last date until which the pension/family pension was disbursed, whichever is later.
The retirement gratuity shall be disbursed to the family within three months of the application date. Any delays will incur interest at the prevailing rates, and accountability for such delays will be assigned accordingly. The disparity between death gratuity and retirement gratuity will be settled once the employee’s fate is definitively established or after seven years from the date of the police report.
Before authorizing gratuity payments, the Head of Office is obligated to assess and recover any outstanding government dues from the employee/pensioner in accordance with Article 168-AA of J&K CSR, Vol. I and other pertinent directives.
The family will receive the pending salary, leave encashment, and GPF disbursements based on the employee/pensioner’s nominations upon filing a police report and submitting the requisite indemnity bond.
All benefits extended to the family/nominee of the missing employee/pensioner will be computed and governed by the individual’s previous emoluments and applicable regulations/orders up to their last date of duty, including authorized leave periods.