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State of Tamilnadu - Section

Section 45 in Tamil Nadu Pension Rules, 1978

45. Death-cum-Retirement Gratuity.

(1)
(a)A Government servant, who has completed five years' qualifying service and 1ms become eligible for service gratuity or pension under rule 43, shall, on his retirement be granted death-cum-retirement gratuity as in die table below for each completed six monthly period of qualifying service, subject to a maximum of fifteen times, the emoluments: -
[The Table [Table to 45(1)(a) substituted - G. O. Ms.No. 595, Finance (Pension) Department, dated 25-11-1997]Scale of Death-cum-Retirement Gratuity
Completed six monthly periods of qualifyingservice Amount of gratuity
(1) (2)
10 3.00 months emoluments
11 3.30 months emoluments
12 3.60 months emoluments
13 3.90 months emoluments
14 4.20 months emoluments
15 4.50 months emoluments
16 4.80 months emoluments
17 5.10 months emoluments
18 5.40 months emoluments
19 5.70 months emoluments
20 6.00 months emoluments
21 6.30 months emoluments
22 6.60 months emoluments
23 6.90 months emoluments
24 7.20 months emoluments
25 7.50 months emoluments
26 7.80 months emoluments
27 8.10 months emoluments
28 8.40 months emoluments
29 8.70 months emoluments
30 9.00 months emoluments
31 9.30 months emoluments
32 9.60 months emoluments
33 9.90 months emoluments
34 10.20 months emoluments
35 10.50 months emoluments
36 10.80 months emoluments
37 11.10 months emoluments
38 11.40 months emoluments
39 11.70 months emoluments
40 12.00 months emoluments
41 12.30 months emoluments
42 12.60 months emoluments
43 12.90 months emoluments
44 13.20 months emoluments
45 13.50 months emoluments
46 13.80 months emoluments
47 14.10 months emoluments
48 14.40 months emoluments
49 14.70 months emoluments
50 15.00 months emoluments
51 15.15 months emoluments
52 15.30 months emoluments
53 15.45 months emoluments
54 15.60 months emoluments
55 15.75 months emoluments
56 15.90 months emoluments
57 16.05 months emoluments
58 16.20 months emoluments
59 16.35 months emoluments
60 and above 16.50 months emoluments
Provided that in the case of retirement of a Government servant after completion of a qualifying service of thirty years, the maximum Death-cum-Retirement Gratuity shall be payable not exceeding rupees thirty thousand.]
(b)[ If a Government servant dies while in service, Death Gratuity shall be paid as specified in the table below and in accordance with the provisions of sub-rule (1) of the rule 46 - [Rule 45(1)(b) including proviso thereto substituted - G.O.Ms.No.448, Finance (Pension) department, dated 07-06-1995 with effect from 14th December 1987.]
  Length of service (1) Rate of Gratuity (2)
(i) Less than one year Two times of monthly emoluments
(ii) More than one year and above but less than fiveyears Six times of monthly emoluments
(iii) More than five years and above but less thantwenty years Twelve times of monthly emoluments
(iv) More than twenty years and above Half of monthly emoluments for every completedsix monthly services subject to a maximum of thirty three timesof monthly emoluments, the amount of which shall, in no case,exceed Rupees one lakh]
(c)In the case of retirement or death of a Government servant after the 1st October 1979 and after completing five years qualifying service, the amount of death-cum-retirement gratuity shall be one-fourth of his emoluments for each completed six months period of qualifying service subject to a maximum of sixteen and a half times the emoluments.
Provided that in no case the amount of death-cum-retirement gratuity payable exceed rupees thirty thousand.Provided further that in respect of cases arising on or after the 31st May 1982, the maximum limit of Death-cum-Retirement Gratuity shall not exceed rupees thirty six thousand.[Provided also that in respect of cases arising on or after the 1st October, 1984, the maximum limit of Death-cum-Retirement Gratuity shall not exceed rupees fifty thousand.Provided also that in respect of cases arising on or after the 14th December, 1987, the maximum limit of Death-cum-Retirement Gratuity shall not exceed rupees one lakh.][Provided also that in respect of cases arising on or after the 1st April, 1995, the maximum limit of Death-cum-Retirement Gratuity shall not exceed Rupees two lakhs and fifty thousand.] [Fifth Proviso to Rule 45(1)(c) added - G.O.Ms.No.138, Finance (Pension) Department, dated 25-03-1997.][Provided also that in respect of cases arising on or after the 1st January, 1996, the maximum limit of Death-cum-Retirement Gratuity shall not exceed rupees three lakhs and fifty thousand.] [Sixth Proviso to Rule 45(1)(c) added - G.O.Ms.No.316, Finance (Pension) Department, dated 23-07-2009][Provided also that in respect of cases arising on or after the 1st January, 2006, the maximum limit of Death-cum-Retirement Gratuity shall not exceed rupees ten lakh.] [Sixth Proviso to Rule 45(1)(c) added - G.O.Ms.No.319, Finance (Pension) Department, dated 23-07-2009]
(2)If a Government servant who has become eligible.for a service gratuity or pension dies within five years from the date of his retirement from service including compulsory retirement as a penalty and the sums actually received by him at the time of his death on account of such gratuity or pension including ad hoc increase if any, together with the death-cum-retirement gratuity admissible under sub-rule (1) and the commuted value of any portion of pension commuted by him are less than the amount equal to 12 times of his emoluments, a residuary cum-retirement gratuity equal to the deficiency may be granted to his family in the manner indicated in sub-rule 46,
(3)
(a)If a Government servant dies in the first year of qualifying service, a death gratuity equal to two times of his emoluments at the time of his death shall be paid to his family in the manner indicated in sub-rule (1) of rule 46.
(b)If a Government servant dies after completion of one year of qualifying service but before completing five years of qualifying service, the amount of death gratuity shall be equal to six times of his emoluments.
(3)[***] [Rule 45 Sub rule 3 Omitted - G.O.Ms.No.448, Finance (Pension) Department, dated 07-06-1995 with effect from 14th December 1987.]
(4)The emoluments for the purpose of gratuity admissible under this rule shall be reckoned in accordance with rule 30.Provided that if the emoluments of a Government servant have been reduced during the last ten months of his service other wise than as penalty, average emoluments as referred to in rule 31 shall be treated as emoluments.
(5)For the purposes of this rule and rule 46, 47 and 48 'family' in relation to a Government servant means.
(i)Wife or wives, including judicially separated wife or wives in the case of a male Government servant.
(ii)husband, including judicially separated husband in the case of a female Government servant.
(iii)[sons including step sons, adopted sons and sons born through illegitimate wife. [Rule 45(5)(iii) to (v) substituted - G.O.Ms.No.602, Finance (Pension) Department, dated 13-09-1996 with effect from 1st January 1979.]
(iv)unmarried daughters including step daughter, adopted daughters and unmarried daughters born through illegitimate wife.
(v)widowed daughters including step daughters, adopted daughters and widowed daughter born through illegitimate wife.]
(vi)father, including adoptive parents in the case of individuals whose personal law permits adoption.
(vii)mother [and step mother] [Rule 45(5)(vii) the words 'and step mother' inserted - G.O.Ms.No.132, Finance (Pension) Department, dated 23-02-1995 with effect from 28th December 1983.], including adoptive parents in the case of individuals 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.