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anuradhagrewal
5

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

If the nominee is her daughter who is 16 years old then can such a minor withdraw that money or should there be a guardian.
In case there is no nominee what to do?

Please guide.

Anu

From India, Mumbai
Madhu.T.K
4193

The dependents of a government school teacher will get death benefits as per the Government Rules and not as per Payment of Gratuity Act or EPF & MP Act.
From India, Kannur
anuradhagrewal
5

I don’t think so. please share the relevant information if so with this regard
From India, Mumbai
Madhu.T.K
4193

Please refer to Payment of Gratuity Act and Employees Provident Fund and Misc Provisions Act and see if they apply to government services.
From India, Kannur
anuradhagrewal
5

So what act will apply to person involved in govt service? She was employed in Gurgaon Haryana I am here to seek your guidance as a Subject matter expert.
From India, Mumbai
Madhu.T.K
4193

I would say that you should refer to Haryana Civil Service Rules for that.
From India, Kannur
ssushr
24

The Payment of Gratuity Act is not applicable to whom CCS (Conduct) Rules are applicable. It means those who are in Govt service are eligible to DCRG and CCS (Pension) Rules 2021 or NPS Rules. Since the deceased person has completed only 7 years of service, she must be the member of NPS. As per Central Govt guidelines, in death case the Old Pension scheme can be made applicable and dependent heir will get pension also. In death case as per DCRG her heir will get double amount of gratuity limited to maximum 20 Lakhs. (Suppose with 7 years of service her gratuity entitlement is 5 lakhs then her heirs will get gratuity of Rs.10 Lakhs. As informed by my learned friend it is better to refer to the Haryana Service Rules applicable to Govt employees of Haryana.
From India, Pune
raghunath_bv
149

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 Misc facilities provided to the Government employee can be given to the legal hair

Regards,

From India, Bangalore
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