Missing Railway Employees: Payment of Settlement Dues to the Family Members
No.F(E)III/86/PN-1/17, dated 19.09.1986
Sub: Grant of settlement dues to eligible family members of Railway employees who have suddenly disappeared and whose whereabouts are not known.
1. A number of cases are referred to this Department for grant of family pension to the eligible family members of employees who have suddenly disappeared and whose whereabouts are not known. At present all such cases are considered on merits in this Department. In the normal course unless a period of 7 years has elapsed since the date of disappearance of the employee, he cannot be deemed to be dead and the retirement benefits cannot be paid to the family. This principle is based on Section 108 of the Indian Evidence Act which provides that when the question is whether the man is alive or dead and it is proved that he has not been heard of for 7 years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.
2. The matter has been under consideration of the Government for sometime as withholding of the benefits due to the family has been causing a great deal of hardship. The President is now pleased to decide that (i) when an employee disappears leaving his family, the family can be paid in the first instance the amount of salary due, leave encashment due and the amount of Provident Fund pertaining to his own subscription in the State Railway Provident Fund having regard to the nomination made by the employee. (ii) After the elapse of a period of one year other benefits like DCRG/ family pension in respect of pensionary staff and the Government contribution/ Special contribution towards Provident Fund in respect of staff governed by SRPF (Contributory) Rules may also be granted to the family subject the fulfillment of conditions prescribed in the succeeding paragraphs.
3. The above benefits may be sanctioned after observing the following formalities:-
(i) the family must lodge a report with the concerned Police Station and obtain a report that the employee has not been traced after all efforts had been made by the police.
(ii) An Indemnity Bond should be taken from the nominee/ dependents of the employee that all payments will be adjusted against the payment due to the employee in case he appears on the scene and makes any claim.
4. The Head of Office will assess all Government dues outstanding against the Government servant and effect their recovery in accordance with, extant rules/ instructions in force for effecting recovery of Government dues.
5. The family can apply to the Head of the Office of the Government servant for grant of family pension and DCR gratuity, Government contribution/ SC to PF, as the case may be, after one year from the date of disappearance of the Government servant in accordance with the prescribed procedure. In case the disbursement of DCR gratuity or SC to PF, as the case may be, is not affected within three months of the date of application, the interest shall be paid at the rates applicable and responsibility for the delay fixed in accordance with extant orders.
Download Railway Board Circular dated 19.09.1986
Forward reference ⇒ RBE No.36/1988,