Clarification of gis amount to nominee or legal hairs of deceased employee

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 week, 3 days ago.

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  • #3515

    Sir here is one problem, One govt female employee working as sda died in sep. 2017. She was nominated full amount of gis to his mother. But in servival certificate given by tahasildar varsa certificate survial member name is mother in law of deceased govt employee . Now the question arises here is to whom gis amount has to be paid either nominee of deceased employee or as per varsa certificate given by tahasildar who is the legal claimant in this case please clarifye the problem

  • #3535

    It is not possible to answer your question accurately since it will depend on the relevant rules that are applicable in the case and you have not even specified under which Government, she was working, and also you have not provided details about her husband and/or children.

    Generally speaking, under the Central Government rules, for these purposes, “family” of a female Government servant is considered to be the husband and children of the subscriber, and the widow or widows and children of a deceased son of the subscriber. Further, the relevant rules require that if the female employee has a “family” (as above), then she cannot nominate any person other than from the “family” for her GIS. Moreover, if the female employee has no family (such as before her marriage), then she nominate some other person for her GIS, but such nomination shall become invalid once she gets a “family” (i.e., she gets married) since thereafter she has to nominate one or more persons from the “family” only.

    Now, in your question, you have not specified as to whether the female employee has surviving husband and/or children. If yes, then her nomination in favour of her mother would be invalid.

    So, please get this issue examined in the light of the relevant rules applicable to her (i.e., the concerned State Government rules or Central Government rules). You may make enquiries in her office / department with the concerned staff.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles.

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