Claiming the Dues

Discussion in 'Legal Help' started by sunipa sen gupta, Aug 26, 2012.

  1. After my husband death my in laws have claim the dues (regarding all matters) to the govt of west Bengal. I have two minor children, In that case who is going to get arrear salary the third part and the CAS benefit, which was issued after his death, Pension and GPF. In his service book I came to know he had not done any nomination. Please inform me and issue me the order copy regarding these matters. It was of great help I have seen the leave salary order in your Website.
    nemo likes this.
  2. som

    som Inactive Member


    G.P.F. Rule 31(b) of W.B. Services (GPF) Rules if no such nomination in favour of a member or members of the family of the subscriber subsists, or if such nomination relates only to a part of the amount standing to his credit in the Fund, the whole amount or the part thereof to which the nomination does not relate, as the case may be, shall notwithstanding any nomination purporting to be in favour of any person or person other than a member or members of his family, becomes payable to the members of his family in equal shares :

    Provided that no share shall be payable to—
    (1) sons who have attained legal majority ;
    (2) sons of a deceased son who have attained legal majority ;
    (3) married daughters whose husbands are alive ;
    (4) married daughters of a deceased son whose husbands are alive if there is any member of the family other than those specified in clauses (1), (2), (3) and (4) :

    Provided further that the widow or widows and the child or children of a deceased son shall receive between them in equal parts only the share which that son would have received if he had survived the subscriber and had been exempted from the provisions or clause (1) of the first provision.
    (ii) When the subscriber leaves no family, if a nomination made by him in' accordance with the provisions of rule 8 or of the corresponding rule heretofore in force in favour of any person or persons subsist.
  3. som

    som Inactive Member


    Death Gratuity :
    Rule 98 of the West Bengal Services (DCRB) Rules, 71 98(a) If no nomination has been made under rule 100 or if the nomination made there under does not subsist and if there is one surviving member of the family, the whole amount of gratuity shall be payable to him & if the surviving member of the family is more than one, the whole amount of gratuity shall be payable to such members in equal shares.

    Group Insurance-cum-Savings Scheme :
    In absence of nomination, legal heir(s) should furnish indemnity bond double the amount of the claim & Head of department will issue sanction order.

    Family for the purpose of death gratuity :
    (u/r 7(I)(e)(I) of the W.B. Services (DCRB) Rules 71

    (a) Wife in case of a male officer
    (b) husband, in case of a female officer
    (c) sons including the step sons
    (d) unmarried/widowed daughter
    (e) brother below the age of 18 years and unmarried widowed sister
    (f) father/mother

    Family for the purpose of Group Insurance-Cum-Savings Scheme 1983/87
    Same as above
  4. som

    som Inactive Member


    Family for the family pension
    (u/r 7(I)(e)(2) of the W.B Services (DCRB) Rules, 1971
    (a) wife in case of male officer
    (b) husband in case of fem ale officer
    (c) minor sons/step son till attaining the age of 25 years
    (d) unmarried/widowed/divorcee daughter till remarriage or death
    [Vide G .O . No. 138F (Pen) dated 3.3.08 & G.O. No. 620F (Pen) dated 29.6.06]
  5. som

    som Inactive Member

    Defination of family in terms of rule 2(c) of West Bengal Services (GPF) Rules.

    Family means
    (i) in the case of a male subscriber, the wife or wives and children of a subscriber and the widow or widows and children of a deceased son of the subscriber.
    Provided that, if a subscriber proves that his wife has been judicially separated from him or ceased under the customary law of the com m unity to which she belongs to be entitled to maintenance, she shall thenceforth be deem ed to be no longer a member of the subscriber’s family in matters to which these rules relate, unless the subscriber subsequently indicates by express notification in writing to the Accounts Officer that she shall continue to be so regarded;

    (ii) in the case of a female subscriber, the husband and children of a subscriber, and the widow /widows and children of a deceased son of a subscriber:
    Provided that, if a subscriber by notification in writing to the Account Officer expresses her desire to exclude her husband from her family, the husband shall thenceforth be deem ed to be no longer a member of the subscribers family in matter to which these rules relate, unless the subscriber subsequently cancels formally in writing her notification encluding him.
  6. donyi_polo

    donyi_polo Active Member

    Som has uploaded a nice post.

    Payment of death/retirement gratuity to the members of family of the deceased employee is made according to the service rules. I don’t know the service rules for teachers and state govt. employees.

    For central govt. employees:

    The Rule-51 of Pension rules for payment of death gratuity is that it should be paid to the wife/husband, sons and unmarried daughters in equal shares, if no nomination was submitted by the deceased employee when he/she was in service or if nomination, which was submitted earlier, has become invalid. If there is no such surviving members of the family (wife/husband, sons and unmarried daughters) payment should be made to the widowed daughters, father, mother, brothers (below 18 years), unmarried sisters, widowed sisters, married daughters and children of a pre-deceased son.
    SO, WIFE/HUSBAND, SONS AND UNMARRIED DAUGHTERS ALWAYS GET THE FIRST PREFERENCE FOR DEATH GRATUITY. If the children are minor, then their legal guardian shall receive their shares on their behalf.
    According to Rule-54 of pension, the PREFERENCE of payment of family pension to the family members of the deceased central govt. employees is decided on the basis of the following categorization:
    CATEGORY-I: (1) Widow/ widower, up to the death or re-marriage. (re-married widows of central govt. employees also now get the family pension under new rules effective from year 2008).
    (2) Son/ daughter including widowed daughter.
    CATEGORY-II: (1) Unmarried / divorced/ widowed daughters who do not fall in Category-I, up to the date of marriage or re-marriage or till the date she starts earning or up to the date of her death, whichever is earliest.
    (2) If there is no widow or no child, then the parents, who were wholly dependent on the deceased employee when he/she was alive, will get family pension.

    Therefore, widowed wife, unmarried daughters and sons ALWAYS GET THE PRIORITY for death gratuity and family pension.

    Pension is related to the pay of an employee. So, if the widowed wife gets the first preference for family pension, I think, she will also get top priority for getting the salary arrear.

    If an unmarried employee submits a nomination in favour of parents/brothers/sisters, that nomination becomes automatically invalid after his/her marriage because the wife/husband always gets the highest preference. Nomination is submitted to avoid confusion. The main intention of nomination is to record the NAMES of wife/son/daughter/parents etc. There is no confusion that if there is wife she shall get the topmost priority but, the nomination form indicates the NAME of the wife. There will be no confusion if the employee declares his/her marriage (name of wife/husband) to the office.
  7. What about Leave Salary if the employee dies in harness ?
    who is entitle to claim the due ?
  8. nemo

    nemo Staff Member

    Family will get the dues. Family is defined in Death-cum-Retirement Benefit Scheme.
  9. Sorry Plz define family in a simplified way for claiming of leave salary !
    DCRB is rule consisting of numerous page which I am unable to understand.
  10. Leave salary to be paid to the following members of family in case employee dies in harness:
    1. Widow or the eldest surviving widow (according to date of Marriage)/husband
    2.the eldest surviving son/adopted son
    3.the eldest surviving unmarried daughter
    4. the eldest surviving widowed daughter
    5. the father
    6. the mother
    7.the eldest surviving married daughter
    8.the eldest surviving brother below the age of 18 years
    9. the eldest surviving unmarried sister
    10. the eldest surviving widowed sister
    11. the eldest child of the eldest predeceased son
    Payment is to be made in order of preference. Payment is to be made to a member only, if member of the preceding category is not available. This is as per Rule 39 - C of Leave Rules followed in Government of India.
    nemo likes this.

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