Section 107 in Rajasthan Civil Services (Pension) Rules, 1996
107. 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 of the deceased pensioner:Provided that the Head of Office may, when he considers it necessary so to do, consult the Director, Pension Department.(2)(A)(i)If the deceased pensioner is survived by a widow or widower who is eligible for the grant of family pension, under Rules 66 and 67, the amount of 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 a claim in Form 14 from the widow or widower, the Pension Disbursing Authority from whom the deceased pensioner was drawing his or her pension shall authorise the payment of family pension, to the widow or widower, as the case may be.The Pension Disbursing Authority shall, after authorising the payment of family pension to the widow/widower, inform the fact to the Director, Pension Department, in Form 29.(B)(i)Where the deceased pensioner is survived by child or children, the guardian of the child or children may submit a claim in Form 14 to the Head of Office for the payment of family pension:Provided that the guardian shall not be required to submit a claim in the said Form on behalf of the son or unmarried daughter if he or she has attained the age of eighteen years and such a person may himself or herself submit a claim in the said Form.(ii)On receipt of a claim from the guardian, the Head of Office shall sanction the family pension in Form 20.(C)(i)Where a widow or widower in receipt of family pension, remarries and has, at the time of remarriage, child or children from the former spouse who is or are eligible for family pension, the remarried individual shall be eligible to draw the family pension, on behalf of such child or children if such individual continues to be the guardian of such child or children.(ii)For the purposes of sub-clause (i), the remarried individual shall apply to the Head of Office on plain paper furnishing the following particulars, namely :-(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 pension disbursing authority from where payment of 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 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 family pension:Provided that the guardian shall not be required to submit a claim in the said Form on behalf of the son or unmarried daughter if he or she has attained the age of eighteen years and such person may himself or herself submit a claim in the said Form.(iv)On receipt of the claim referred to in sub-rule (iii), the Head of Office shall sanction family pension in Form 21.(D)(i)Where a widow or widower in receipt of family pension, dies and leaves behind child or children who is or are eligible for family pension, the guardian may submit a claim in Form 14 to the Head of Office for the payment of family pension: Provided that the guardian shall not be required to submit a claim in the said Form on behalf of the son or unmarried daughter if he or she has attained the age of eighteen years and such a person may himself or herself submit claim in the said Form.(ii)On receipt of a claim under sub clause (i), the Head of Office shall sanction family pension in Form 21.(3)Where on the death of a retired Government servant a residuary gratuity becomes payable to the family of the deceased under sub rule (2) of Rule 55, the Head of Office shall sanction its payment on receipt of a claim or claims in Form 22 from the person or persons eligible to receive the residuary gratuity.
