Grant of family pension to next eligible member in the family in the case of missing family pensioners

F.No.1/17/2010-P&PW(E)
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners’ Welfare
Desk (E)

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi — 03,
Dated the 2nd January, 2012

Office Memorandum

Sub: Grant of family pension to next eligible member in the family in the case of missing family pensioners.

The undersigned is directed to state that as per extant instructions of the Government, conditional provisions have been made in the case of a missing employee/pensioner, as a measure of social security, to cut short the period of 7 years, as given in Sections 107 and 108 of Indian Evidence Act, 1872, after which the presumption of a missing person being no longer alive may be raised, and enable the family pensioner to receive family pension after a period of six months from the date of filing FIR. However, there is no such provision in the case of a missing family pensioner that the next eligible member of the family of the employee/pensioner may be granted family pension.

2. The Department of Pension and Pensioners’ Welfare has been receiving requests to issue a clarification whether family pension to eligible child / children of a family pensioner who has been declared missing can he granted.

3. The matter has been considered in this Department in consultation with the Department of Expenditure, Ministry of Finance. It has been decided to make similar provisions to mitigate the hardships of the family caused by the deprivation of its rightful family pension as a consequence of disappearance of the family pensioner. The administrative Departments/ Ministries may grant family pension to the next eligible member in the family subject to fulfilment of conditions as prescribed from time to time for dealing with the cases of missing employees/pensioners.

4. The Indemnity Bond prescribed for missing pensioners has been suitably modified to include the name and relationship of the next eligible family member as well as the deceased employee/pensioner and the missing family pensioner(s).

5. These provisions would also be applicable in case a person. who is eligible for family pension, goes missing before the family pension is actually sanctioned to him/her. In such cases, family pension will be sanctioned to the next eligible person.

6. This issues with the concurrence of Department of Expenditure vide their ID No.380/E.V/2011, dated 22.11.2011.

sd/-
(K.K.Mittal)
Director