23 Nov, 2022 10:01 AM

Lump sum compensation to families of defence personnel who die in duty

20(1)/2017/D(Pay/Services) Part -1
Government of India
Ministry of Defence
Department of Military Affairs
D(Pay/Services)

New Delhi, dated the 08th July, 2022

To
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff

Subject : Payment of the amount of Ex-Gratia lump sum compensation to the families of Defence Services Personnel who die in the performance of bona fide official duty — Provision for nominations — Regarding.

I am directed to refer to Ministry of Personnel Public Grievances and Pensions, Department of Pension and Pensioners Welfare OM No. 1/7/2020-P&PW/(F) dated 30.09.2021 on the above subject and state that the provisions of the said letter will be applicable mutatis-mutandis to Defence Services personnel.

2. The other. terms and conditions contained in this Ministry’s letter No. 20(1)/98/D(Pay/Services) dated 22.09.1998 as amended shall remain unchanged.

3. This issues with the concurrence of Finance Division of this Ministry vide their I.D. No 8(15)/2004-AG/PA/125-PA dated 7th July, 2022.

Yours faithfully,

(T Johnson)
Gp Capt
Director (Pay/Services)

Copy to : As per distribution list.

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003
dated 30th September, 2021

Office Memorandum

Subject: Payment of amount of Ex-Gratia lump sum compensation to the families of Central Government servants who die in the performance of bona fide official duty- Provision for nominations regarding.

The undersigned is directed to say that the families of Central Civil Government servants, who die in harness in the performance of their bona fide official duties under various circumstances, are entitled to payment of ex-gratia lump sum compensation in accordance with this Department’s OM No. 45/55/97- P&PW(C) dated 11th September, 1998. The amount of ex-gratia lump sum compensation has been revised from time to time. The existing rates of ex-gratia lump sum payment are specified in this Department’s OM No. 38/37/2016-P&PW (A) dated 04.08.2016.

2. The existing instruction, however, do not specify the member of the family to whom such ex- gratia lump sum compensation is payable in the event of death of the Government servant in the performance of bona fide duty. Therefore, in terms of para 13 of the guiding principles mentioned in the Annexure to the OM No. 45/55/97-P&PW(C) dated 11th September 1998, payment of ex-Gratia lump sum compensation is presently being made to the member of the family who is eligible for extraordinary family pension under the CCS (Extraordinary Pension) Rules, 1939.

3. The matter has been examined in consultation with Ministry of Finance (Department of Expenditure). On death of a Government servant, payment of other lump sum amounts, such as death gratuity, GPF balance and CGEGIS amount, is made in accordance with the nominations made by the Government servant during service. Accordingly, it has been decided that, on death of a Government servant in the performance of bona fide duty also, payment of ex-gratia lump sum compensation may be made to a member or members of the family in whose favour a nomination is made by the Government servant during service. Family for this purpose shall have the same meaning as in the case of gratuity and it shall include the members of family as mentioned in sub-rule (6) of Rule 50 of the CCS (Pension) Rules, 1972.

4. The Common Nomination Form in Form 1 appended to the CCS (Pension) Rules, 1972 has been amended to include the nomination in respect of the ex-gratia lump sum payment and the same is enclosed. Accordingly, nomination in respect of ex-gratia lump sum payment shall also be made in this Common Nomination Form. The nomination for ex-gratia lump sum payment shall be subject to the provisions as applicable in the case of gratuity under Rule 53 of the CCS (Pension) Rules, 1972. Since the ex-gratia lump sum payment is payable to the family only, no nomination shall be made in favour of a person who is not a member of the family, even where the Government servant has no family. If no nomination has been made or the nomination made by the Government servant does not subsist, the ex- gratia lump sum compensation will be shared equally by all eligible family members, as in the case of Gratuity, in accordance with Rule 51 of the CCS (Pension) Rules.

5. These instructions shall be applicable in the case of death of a Government servant on or after the date of issue of this OM. Cases of payment of ex-gratia lump sum compensation on death of Government servants before the date of issue of this OM shall continue to be dealt with in accordance with the instructions applicable before the issue of this OM.

6. This OM is issued with the concurrence of Ministry of Finance, Department of Expenditure vide their ID Note No. 27(1)/E-V/2020, dated 22.07.2021.

7. In its application to persons belonging to Indian Audit and Accounts Department, these orders are issued under Article 148(5) of the Constitution and after consultation with the Comptroller and Auditor General of India vide their U.O. No. 211-Staff -Hak (Rule)-A.R/09-2019 dated 13.09.2021.

8. The Administrative Divisions of all Ministries/Departments and attached/subordinate offices are requested to bring the contents of these instructions to the notice of all concerned for compliance.

9. Formal amendment to CCS (Pension) Rules, 1972 for amending Form 1 appended to those rules shall be notified separately.

10. Hindi version will follow.

(Sanjoy Shankar)
Deputy Secretary to the Govt. of India