Section 71 in The M.P. Civil Services (Pension) Rules, 1976
71. 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 Audit Officer.(2)(a)(i)If the deceased pensioner is survived by a widow or widower who is eligible for the grant of contributory family pension under Rule 47 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, the Treasury Officer from whom the deceased pensioner was drawing his or her pension shall authorise the payment of contributory 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 the child or children may submit a claim in Form 13 to the Head of Office for the payment of contributory family pension :Provided that the guardian shall not be required to submit 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 from the guardian, the Head of Office shall sanction the contributory family pension in Form 19.(c)(i)Where a widow or widower in receipt of contributory family pension remarries and has, at the time of remarriage, 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.(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 :-(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; and(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 13, 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 20.(d)(i)Where a widow or widower in receipt of contributory family pension dies and leaves behind child or children who is or are eligible for contributory family pension, the guardian may submit a claim in Form 13 to the Head of Office for the payment of 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 from the guardian, the Head of Office shall sanction contributory family pension in Form 20.(3)(a)In case the deceased pensioner was governed by the noncontributory 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 48 for the unexpired period of five years from the date of retirement of the deceased.(b)On receipt of a claim in Form 16 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 becomes payable under sub-rule (2) of Rule 44, the Head of Office shall sanction its payment on receipt of a claim or claims in Form 21, from the person or persons eligible to receive the residuary gratuity.
