GO.343 Payment of share of gratuity in case of a Family Pension beneficiary/ Legal heir is missing

GO.343 Payment of share of gratuity in the case of a Family Pension beneficiary/ Legal heir is missing. Government Of Andhra Pradesh G.O.Ms.No.343, Finance (Pension-I) Department, Dated: 22.12.2012

Subject:
PENSIONS  - Payment of share of gratuity in the case of a Family Pension beneficiary / One of the share Gratuient / Legal heir is missing or whereabouts are not known - Amendment of para 14 of Appendix-I of A.P. Revised Pension Rules, 1980 - orders - Issued.
                              
References:
1. From the Deputy Director, District Treasury Office, Nalgonda,addressed to A.G., A.P., (A&E)., A.P., Hyderabad, Lr. No. B1/3770/2009-10, dated: 19-04-2010.
2. From the Accounts Officer, Office of the A.G. (A&E), A.P.,Hyderabad, Letter No. PM/II/Ref. P15/2010-11/120, dated:17.05.2010,
3. From Director of Treasuries and Accounts, Letter No.D1/4016/2011,date: 25-04-2011.

Order:

1. TheAccountant General, (A&E), AP, Hyderabad in the letter 2nd read above has informed that in the case of employees/pensioner whose whereabouts are not known, a procedure has been envisaged in Para 14(B) & (C) of Appendix-I of the Andhra Pradesh Revised Pension Rules,1980, for sanction of Pensionary benefits to legal heirs. But, the saidRules are silent with regard to the procedure to be followed inauthorizing the payment of share of gratuity of missing person to theFamily / other eligible members of family. He has further informed thatin some of the cases no FIR was filed when they were found missing and Family Pension beneficiary is able to present an indemnity bond as required under Rule and seeking the share of missing person. Hence, the Accountant General,(A&E) A.P., Hyderabad has requested the Government to examine the issue and arrange to issue the course of action to be taken in authorizing the Family/other eligible members of family actual shares.

2. The Director of Treasuries and Accounts, AP, Hyderabad in the letter 3rd read above has informed that the provisions contained in Para 14 C of Appendix-I under the Andhra Pradesh Revised Pension Rules,1980, for settlement of Pensionary benefits of Service Pensioners whose whereabouts are not known, may also be applicable to Family Pensioners whose whereabouts are not known. As such, the same provisions may be extended to the Family Pensioners whose whereabouts are not known and payment of arrears of Family Pension as well as other pensionary benefits may be regulated accordingly amending the Para 14 C of Appendix-I under  the Andhra Pradesh Revised Pension Rules, 1980 to this effect. With regard to the Payment of Share of Gratuity, where the share Gratuient is missing and whose whereabouts are not known, the procedure laid down under Para 14 C of Appendix-I of the Andhra Pradesh Revised Pension Rules, 1980 may be followed in this regard by
Family Pension beneficiary/ one of the share gratuient/legal heir to get the revised authorization for the unpaid share of gratuity. After having followed the said procedures, the Payment of share of Gratuity shall be regulated as per Rule 47 read with Rule 46 of the Andhra Pradesh Revised Pension Rules 1980.

3. The proposal of the Accountant General (A&E), A.P/Director of Treasuries and Accounts has been examined and it is decided to amend  Appendix-I of A.P. Revised Pension Rules, 1980 suitably.

     AMENDMENTS

In para 14 of appendix-I of the Andhra Pradesh Revised Pension Rules, 1980.

(1)  The heading C in the case of Pensioners whose whereabouts are not known shall be re-numbered as “C (1)”.

(2)  After the entries C (1) as re-numbered, the following shall be inserted namely:-

“C (2) In the case of a Family Pension beneficiary /One of the share Gratuient/ Legal heir is missing or whose whereabouts are not known:

 In case where a Family Pension beneficiary / Gratuity beneficiary/Legal heir disappears and his/ her whereabouts are not known, the following procedures shall be followed:-

(i) The next in line Family Pensioner/ Gratuity beneficiary or any one of the legal heirs of the missing person has to lodge a F.I.R with the police authorities and obtain a report to the effect that the original Family Pensioner/ Gratuity beneficiary/ Legal heir has not been traced despite all efforts. He/She shall then has to apply to the Pension Sanctioning Authority, in the prescribed proforma along with the above documents and indemnity bond for sanction of the Family Pension/ undrawn share of Gratuity.

(ii) After the sanction of Family Pension/ Gratuity by the Pension Sanctioning Authority, to the next in line beneficiary, the Pension Disbursing Officer will take necessary action for payment of undrawn family pension or undrawn gratuity as the case may be after obtaining  authorization from the Accountant General, Andhra Pradesh.

(iii) Family Pension is payable from the date of filing of F.I.R. but, however, will be sanctioned by the Pension Sanctioning Authority and paid only after one year from the date of filing of F.I.R.

(iv) The arrears of Family Pension from the date of last payment to the date of sanction to the next beneficiary will be payable to the nominee/ legal heir. Payment will be made only, if the procedure mentioned above is followed.

(v) In cases where the date of death is specifically declared by a Court of law the same date shall be accepted as the actual date of death.

(vi) The sanction of Family Pension / Gratuity ordered above is applicable to those who are entitled to Family Pension/Gratuity under the Andhra Pradesh Revised Pension Rules, 1980.”


G.O.Ms.No.343, Finance (Pension-I) Department, Dated: 22.12.2012

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