Payment of Gratuity and Death Gratuity to Govt school teacher

Hi,

One of my relative's wife, who was a teacher in a government school, died recently on the job. She had completed 7 years of service in the job. According to my understanding, there is something known as Death Gratuity that is paid at the rate of 12 times in case of the death of a government teacher. Is this correct? Also, since she had completed 7 years, will she be eligible for death gratuity as well as normal gratuity? Additionally, since she contributed to EPF, will she be eligible for EDLI as a government sector employee? She also contributed to NPS; now, since she had only 7 years of service, can she be eligible for a pension? If so, at what rate, and if not, can her nominee get the money she invested back?

If the nominee is her 16-year-old daughter, can such a minor withdraw that money, or should there be a guardian? In case there is no nominee, what should be done?

Please guide.

Anu

The dependents of a government school teacher will receive death benefits as per the Government Rules and not in accordance with the Payment of Gratuity Act or EPF & MP Act.

I don't think so. Please share the relevant information if so with regard to this.

Please refer to the Payment of Gratuity Act and the Employees' Provident Fund and Miscellaneous Provisions Act to determine if they apply to government services.

So, which act will apply to a person involved in government service? She was employed in Gurgaon, Haryana. I am here to seek your guidance as a subject matter expert.

I would say that you should refer to Haryana Civil Service Rules for that.

The Payment of Gratuity Act is not applicable to those to whom CCS (Conduct) Rules apply. It means individuals in government service are eligible for DCRG and CCS (Pension) Rules 2021 or NPS Rules. Since the deceased person had only completed 7 years of service, she must have been a member of NPS. According to Central Government guidelines, in the event of death, the Old Pension scheme can be applied, and the dependent heir will also receive a pension. In the case of death, under DCRG, her heir will receive double the amount of gratuity, limited to a maximum of 20 Lakhs. For example, if her gratuity entitlement with 7 years of service is 5 lakhs, her heirs will receive gratuity of Rs. 10 Lakhs. As advised by my knowledgeable friend, it is advisable to refer to the Haryana Service Rules that apply to government employees of Haryana.

Hi Anuradha,

When a government employee passes away while still in service, their family is entitled to receive certain benefits, one of which is the Death Gratuity.

Death Gratuity is a lump-sum amount that is paid to the family of the deceased government employee. It's usually based on the length of service rendered by the employee. In your relative's wife's case, having completed 7 years of service, her family should be entitled to receive the Death Gratuity.

The exact amount can vary depending on factors such as the employee's basic pay, the number of years in service, and any other applicable rules and regulations. The amount is typically calculated as a certain percentage of the deceased employee's last drawn salary.

To get the specific details and process for claiming the Death Gratuity, your relative will need to contact the concerned authorities or the department where his wife was employed. They should be able to guide him through the process and provide the necessary forms and documents that will be required to claim the Death Gratuity and the other statutes like Employee Provident Fund and other miscellaneous facilities provided to the government employee can be given to the legal heir.

Regards,