Section 44 in The M.P. Civil Services (Pension) Rules, 1976
44. Death-cum-retirement gratuity.
(1)(a)A Government servant who has completed 5 years qualifying service and has become eligible for service gratuity or pension under Rule 43 shall on his retirement, be granted death-cum-retirement gratuity equal to one-fourth of his emoluments for each completed six monthly period of qualifying service, subject to a maximum of 16 ½ times the emoluments;(b)If a Government servant dies while in service after completing 5 years' qualifying service, the amount of death-cum-retirement gratuity shall be equal to 12 times of his emoluments or the amount determined under clause (a), whichever is higher and it shall be paid in the manner indicated in Rule 45 :Provided that the amount of death-cum-retirement gratuity payable under this rule shall, in no case, exceed twenty-five thousand rupees.(2)If a Government servant, who has become eligible for service gratuity or pension, dies after he has retired from service, and the sums actually received by him at the time of his death on account of such gratuity or pension together with the gratuity granted under clause (a) of sub-rule (1) is less than an amount equal to 12 times his 'emoluments' a gratuity equal to the deficiency may be granted to the person or persons specified in sub-rule (1) of Rule 45. This benefit shall not be admissible if the Government servant has commuted a portion of his pension before death.Note. - The residuary gratuity is admissible only if the death of Government servant takes place within five years from the date of retirement. For determining the amount of residuary gratuity payable under this rule the temporary increase or ad hoc increase or both drawn by the deceased shall also be taken into account.(3)[ * * *] [Omitted by Notification No. B-25-9-96-PWC-IV, dated 28-9-1996 (w.e.f. 31-3-1979).](4)The emoluments for the purpose of gratuity admissible under this rule shall be subject to a maximum of two thousand rupees per mensem and shall be reckoned in accordance with Rule 30 :Provided that if the emoluments of a Government servant have been reduced during the last one year of his service otherwise than as penalty, average emoluments as referred to in Rule 31, may at the discretion of the Head of Office, be treated as emoluments.(5)For the purpose of this rule and Rules 45 and 46 'family' in relation to Government servant means :-(i)Wife in the case of a male Government servant,(ii)Husband, in the case of a female Government servant,(iii)Sons including step sons and adopted sons,(iv)Unmarried daughters including step daughters and adopted daughters,(v)Widowed daughters including step daughters and adopted daughters,(vi)Father, including adoptive parents in the case of individuals,(vii)Mother, whose personal law permits adoption,(viii)Brothers below the age of eighteen years including step brothers,(ix)Unmarried sisters and widowed sisters including step sisters,(x)Married daughters, and(xi)Children of pre-deceased son.
