76. Sanction of family pension and residuary gratuity on the death of a pensioner.
(1)Where the Head of Office has received an intimation regarding the death of a retired Government servant who was in receipt of pension, he shall ascertain whether any family pension or residuary gratuity or both is or are payable in respect or the deceased pensioner :Provided that the Head of Office may, when he considers it necessary so to do, consult the Audit Officer.(2)(a)(i)If the deceased pensioner is survived by a widow or widower who is eligible for the grant of [***] [Omitted by 'contributory' G.O.Ms.No.615, Finance (Pension) Department, dated 21-07-1995 with effect from 1st January 1979.] family pension under rule 49, the amount of contributory family pension as indicated in the Pension Payment Order shall become payable to the widow or widower as the case may be, from the day following the date of death of the pensioner.(ii)On receipt of an application from the widow or widower, as the case may be, the Treasury Officer from whom the deceased pensioner was drawing his or her pension shall authorise the payment of Rule [***] [76(2) the word 'contributory' omitted - G.O.Ms.No.615, Finance (Pension) Department, dated 21-07-1995 with effect from 1st January 1979.] family pension to the widow or widower, as the case may be.(b)(i)where the deceased pensioner is survived by child or children, the guardian of die child or children may submit a claim in Form 14 to the Head of Office for the payment of [***] [Omitted by 'contributory' G.O.Ms.No.615, Finance (Pension) Department, dated 21-07-1995 with effect from 1st January 1979.] family pension provided that the guardian shall not be required to submit a claim in the said Form on behalf of the unmarried daughter if she has attained the age of eighteen years and such daughter may herself submit a claim in the said Form.(ii)On receipt of a claim [under sub-clause (i) above] [Rule 76(2)(b)(ii) for the expression 'from the guardian', the expression 'under sub-clause (i) above' substituted - G.O.Ms.No. 134, Finance (BG-III) Department, dated 09-03-1981.], the Head of Office shall sanction the contributory family pension in Form 20.(c)(i)Where a widow or widower in receipt of contributory family pension remarries and has, at the time of remarriage, a child or children from the former spouse who is or are eligible for contributory family pension the remarried individual shall be eligible to draw the contributory family pension on behalf of such child or children if such individual continues to be the guardian of such child or children(A)A declaration that the applicant continues to be the guardian of such child or children;(B)The date of remarriage;(C)The name and date of birth of the child or children from the former spouse;(D)The treasury from where payment of contributory family pension on behalf of such child or children is desired;(E)Full postal address of the applicant.(iii)If the remarried individual has, for any reason, ceased to be the guardian of such child or children the contributory family pension shall become payable to the person entitled to act as guardian of such child or children under the law for the time being in force and such person may submit a claim in Form 14 to the Head of Office for the payment of contributory family pension.(iv)On receipt of the claim referred to in sub-clause (iii) the Head of Office shall sanction contributory family pension in Form 21.(ii)For the purpose of sub-clause (i), the remarried individual shall apply to the Head of Office on plain paper furnishing the following particulars, namely:-(d)(i)Where a widow or widower in receipt of contributory family pension dies and leaves behind a child or children who is or are eligible for contributory family pension, the guardian may submit a claim in Form 14 to the Head of Office for the payment contributory family pension:Provided that the guardian shall not be required to submit a claim in the said Form on behalf of the unmarried daughter if she has completed the age of eighteen years and such daughter may herself submit a claim in the said Form.(ii)On receipt of a claim under sub-cause (I) above the Head of Office shall sanction contributory family pension in Form 21.(3)(a)In case the deceased pensioner was governed by the non-contributory family pension and his death had taken place within five years of his retirement, the non-contributory family pension shall become payable to the eligible member of the family of the deceased pensioner as provided in rule 50 for the unexpired period of five years from the date of retirement of the deceased. '(b)On receipt of a claim in Form 17 from such member, the Head of Office shall sanction the non-contributory family pension for the unexpired period aforesaid.(4)Where on the death of a retired Government servant a residuary gratuity become payable to the family of the deceased under sub-rule (2) of rule 45, the Head of Office shall sanction his payment on receipt of a claim or claims in Form 22 from the person or persons eligible to receive the residuary gratuity.
