In a significant development, the Lieutenant Governor has invoked the proviso to Article 309 of the Constitution to enact amendments in the Volume 1 of the Jammu & Kashmir Civil Services Regulations, 1956.
Under the revised provisions, in instances of an employee, pensioner, or family pensioner going missing, families now have the prerogative to apply for various entitlements. These include family pension, pending salary, leave encashment, and the balance of General Provident Fund (GPF) and gratuity, subject to the condition that these have not already been received.
Such requests can be made to the Head of Office of the department where the individual last served, six months subsequent to lodging a police report.
Furthermore, it has been mandated that the sanctioning of family pension and/or retirement gratuity by the Administrative Department necessitates certain formalities. These entail the family lodging a report with the pertinent police station and obtaining an official report from the police, certifying the individual’s untraceable status despite exhaustive search efforts.
An Indemnity Bond must also be procured from the nominee/dependents, safeguarding against potential claims by the missing individual in case they reappear, ordered the Lieutenant Governor.
In the event of a missing employee, family pension accrues from the conclusion of leave or the last date of pay and allowances, or the date of the police report, whichever is later.
For missing pensioners/family pensioners, entitlement commences from the date of the police report or the subsequent date following the last pension payment.
Further, the prompt disbursement of retirement gratuity to the family within three months of application has been mandated.
“Any delays will incur interest at applicable rates, with accountability assigned for such delays,” ordered the Lieutenant Governor.
The disparity between death gratuity and retirement gratuity is payable either upon conclusive determination of the employee’s demise or upon the lapse of seven years from the date of the police report.
Additionally, it has been ordered that before gratuity disbursement, the Head of Office must assess any outstanding government dues against the employee/pensioner and undertake recovery in accordance with prevailing regulations.
“Initial payments of pending salary, leave encashment, and GPF will be made to the family based on the employee/pensioner’s nominations upon filing a police report and furnishing an indemnity bond,” ordered the LG.
Benefit entitlements for the missing employee/pensioner’s family/nominee will be determined by their last drawn emoluments and applicable regulations at the time of their disappearance from duty, he ordered.