F.No. 1/7/2020 -P&PW (F)
Indian government
Ministry of Personnel Public Grievances and Pensions
Department of Pension and Pensioners Welfare

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003
dated 30th September, 2021

Office Memorandum

Subject: Payment of amount of Ex-Gratia lump sum compensation to the families of Central Government servants who die in the performance of bona fide official duty- Provision for nominations regarding.

The undersigned is directed to say that the families of Central Civil Government servants, who die in harness in the performance of their bona fide official duties under various circumstances, are entitled to payment of ex-gratia lump sum compensation in accordance with this Department’s OM No. 45/55/97- P&PW(C) dated 11th September, 1998. The amount of ex-gratia lump sum compensation has been revised from time to time. The existing rates of ex-gratia lump sum payment are specified in this Department’s OM No. 38/37/2016-P&PW (A) dated 04.08.2016.

2. The existing instruction, however, do not specify the member of the family to whom such ex- gratia lump sum compensation is payable in the event of death of the Government servant in the performance of bona fide duty. Therefore, in terms of para 13 of the guiding principles mentioned in the Annexure to the OM No. 45/55/97-P&PW(C) dated 11th September 1998, payment of ex-Gratia lump sum compensation is presently being made to the member of the family who is eligible for extraordinary family pension under the CCS (Extraordinary Pension) Rules, 1939.

3. The matter has been examined in consultation with Ministry of Finance (Department of Expenditure). On death of a Government servant, payment of other lump sum amounts, such as death gratuity, GPF balance and CGEGIS amount, is made in accordance with the nominations made by the Government servant during service. Accordingly, it has been decided that, on death of a Government servant in the performance of bona fide duty also, payment of ex-gratia lump sum compensation may be made to a member or members of the family in whose favour a nomination is made by the Government servant during service. Family for this purpose shall have the same meaning as in the case of gratuity and it shall include the members of family as mentioned in sub-rule (6) of Rule 50 of the CCS (Pension) Rules, 1972.

4. The Common Nomination Form in Form 1 appended to the CCS (Pension) Rules, 1972 has been amended to include the nomination in respect of the ex-gratia lump sum payment and the same is enclosed. Accordingly, nomination in respect of ex-gratia lump sum payment shall also be made in this Common Nomination Form. The nomination for ex-gratia lump sum payment shall be subject to the provisions as applicable in the case of gratuity under Rule 53 of the CCS (Pension) Rules, 1972. Since the ex-gratia lump sum payment is payable to the family only, no nomination shall be made in favour of a person who is not a member of the family, even where the Government servant has no family. If no nomination has been made or the nomination made by the Government servant does not subsist, the ex- gratia lump sum compensation will be shared equally by all eligible family members, as in the case of Gratuity, in accordance with Rule 51 of the CCS (Pension) Rules.

5. These instructions shall be applicable in the case of the death of a Government servant on or after the date of issue of this OM. Cases of payment of ex-gratia lump sum compensation on death of Government servants before the date of issue of this OM shall continue to be dealt with in accordance with the instructions applicable before the issue of this OM.

6. This OM is issued with the concurrence of Ministry of Finance, Department of Expenditure vide their ID Note No. 27(1)/E-V/2020, dated 22.07.2021.

7. In its application to persons belonging to Indian Audit and Accounts Department, these orders are issued under Article 148(5) of the Constitution and after consultation with the Comptroller and Auditor General of India vide their U.O. No. 211-Staff -Hak (Rule)-A.R/09-2019 dated 13.09.2021.

8. The Administrative Divisions of all Ministries/ Departments and attached/ subordinate offices are requested to bring the contents of these instructions to the notice of all concerned for compliance.

9. Formal amendment to CCS (Pension) Rules, 1972 for amending Form 1 appended to those rules shall be notified separately.

10. Hindi version will follow.

(Sanjoy Shankar)
Deputy Secretary to the Govt. of India

FORM 1

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Office of the Principal CDA (Pension)
Draupadi Ghat, Allahabad 211014
REGISTERED

Circular No. 573

Dated: 01.02.2017

To
The O I/C,
Records/ PAO (ORs)

Subject: Ex-Gratia lump sum compensation- Recommendations of the Seventh Central Pay Commission.

Reference: This Office Circular No. 438 dated 16.07.2010, Circular No. 402 dated 30.12.2008 and Circular No. 228 dated 03.05.1999.

Copy of GOI, MOD letter No. 20(2)/2016/D(Pay/Services) dated 2nd November, 2016, which is self explanatory, is forwarded herewith for further necessary action at your end.

• Consequent upon issue of GOI, MOD letter dated 2nOI November, 2016, the families of the Defence Service Personnel who die in harness in the performance of their bonafide official duties shall be entitled to Ex-Gratia Iump-sum-compensation at revised rate as mentioned in ibid Government letter.
• The conditions governing payment of Ex-Gratia Iump-sum-compensation in terms of the ibid Government letter and the guidelines to be observed have been given in the Annexure attached with the GOI, MOD letter No. 20(1)/98-D(Pay/Services) dated 22nd September’ 1998 and Corrigendum No. even dated 12th April 1999 (Circulated vide this office Circular No. 228 dated 03.05.1999).
•  The order shall apply to all cases of death in harness occurring on or after 01.01 .2016. In so far as cases of death, which occurred prior to 01.01.2016, are concerned, shall be regulated and finalized in terms of the orders and instructions in force prior to issue of these orders.
• In view of the above, you are requested to submit all affected cases of Ex-Gratia lump-sum-compensation where death occurred on or after 01.01.2016 to the OI/C, G-4 Section of this Office along with the statement of case with supporting documents viz detailed statement of case, Special Casualty report approved by Competent Authority, FIR and/ or Court of Inquiry proceedings etc. including Sheet Roll indicating interalia the PPO No. wherein Special Family Pension/ Liberalized Family Pension and Ex-gratia have been granted earlier. In cases, where death occurred on or after 01.01.2016 and Ex-Gratia lump- sum-compensation has already been sanctioned at old rate, the same may be referred to this office on revised LPC-Cum-Data Sheet and Sheet Roll for issue of corrigendum PPO at new revised rates.
• All other terms and conditions shall remain unchanged.
• This circular has been uploaded on this office website www.pcdapension.nic.in for dissemination to all alongwith Defence pensioners and Pension Disbursing Agencies.

Please acknowledge receipt.

No. Gts/Tech/0114/ Spl-XXXVII
Dated: 01st February 2017

S/d,
(S C Saroj)
Sr. Accounts Officer (P)

Signed Copy

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No. 20(2)/2016/D (Pay/Services)
Government of India
Ministry of Defence
D (Pay/Services)

New Delhi, 2nd November, 2016

To
The Chief of the Army Staff
The Chief of the Air Staff
The Chief of the Navy Staff

Subject: Ex-gratia lump sum compensation – Recommendations of the Seventh Central Pay Commission.

Sir,
I am directed to refer to this Ministry’s letter No. 20(1)/98/D(Pay/Services) dated 22.09.1998 as amended vide letter of even number dated 12.04.1999, 03.08.1999, 19.05.2000, 21.10.2008 and letter No. 20(5)/2009/D(Pay/Services) dated 4.6.2010 on the above subject and to say that in pursuance of Government’s decision on the recommendations of the Seventh Central Pay Commission, the existing rate of ex-gratia lump sum compensation to the next of kin of the deceased Defence Forces Personnel is revised as follows:

• This letter takes effect from 01.01.2016.
• The other terms and conditions contained in the Ministry’s letter dated 22.09.1998 as amended shall remain unchanged.
• This issues with the concurrence of Finance Division of this Ministry vide their UO No. 8(1)/2016-AG (414-PA) dated 27.10.2016.

Yours faithfully,
(Prashant Rastogi)

Under Secretary to the Government of India

Authority: http://www.mod.nic.in/

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HEADQUARTERS
EMPLOYEES STATE INSURANCE CORPORATION
(An ISO 9001-2000 certified organisation)
PANCHDEEP BHAWAN C.I.G MARG New Delhi – 2

No.A-27/17/1/7th CPC/2016-E.III

Dated: 01.11.2016

MEMORANDUM

 Subject: Implementation of the recommendations of the Seventh Central Pay Commission – Revision of provisions regulating pension / gratuity / commutation of pension / family pension / disability pension / ex-gratia lump-sum compensation, etc.

Reference is invited to the following communication issued by Government of India, Ministry of Personnel, Public Grievances & Pensions, Department of Pension & Pensioners’ Welfare :-

1. F.No.38/37/2016-P&PW(A) dated 4th August, 2016.
2. F.No.38/37/2016-P&PW(A)(i) dated 4th August, 2016.
3. F.No.38/37/2016-P&PW(A)(ii) dated 4th August, 2016.

The above resolutions / references (may please be downloaded from Government portal) of the Govt. of India have been adopted by the ESI Corporation in its 169th meeting held on 6th September, 2016 and ratified by the Ministry of Labour & Employment as communicated vide their letter No.A-11014/01/2016-SS-I dated 25.10.2016 to make it applicable to the ESI Pensioners. Accordingly it is requested to take immediate necessary action for revision of pension/ family pension of the ESIC pensioners.

For revision of pension of pre 2016 pensioners/ family pensioner, there is no necessity for the pension disbursing authority to refer the case to the Hqrs Office for revision of pension. The pension disbursing authority i.e. the field units should initiate suo-moto action for revision of pension and payment of arrears as per the Govt. of India Orders dated 4th August, 2016. The instructions as contained in the Office Memorandum dated 4th August, 2016 may be gone through carefully and pension be fixed and arrears disbursed at the earliest.

In the case of post 2016 pensioners/ family pensioner i.e. pensioner who retired/ retires on or after 1.1.2016, the Field Unit should submit the revised pension proposal based on the instructions of the Govt. of India circulated vide letter dated 4th August, 2016 to the Accounts Branch-IV (Hqrs Office) for issue of revised PPO.

Accordingly they are advised to obtain the option letters from the Govt. servants in terms of Rule 5 of Central Civil Service (Revised Pay) Rules, 2016 and action may be taken to process their cases expeditiously. Arrears, difference in pension, commutation, gratuity etc. shall be payable to them after getting HQ Office specific sanction.

It is also intimated that above revision of pension is to be pre-audited and due prescribed procedures may be ensured in this regard.

Receipt of this Memorandum may kindly be acknowledged

Hindi version follows

(J.SRIVASTAVA)
ASSISTANT DIRECTOR

ESIC 7th Pay Commission Order

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