Family Pension for the Missing Armed Forces Personnel

Reproduction of Government of India, Ministry of Defence,Letter No. 12(16)/86/D(Pension Service) Dated 3rd June, 1988 http://www.mediafire.com/?myeiy1jrwg3
Sub.:- Release of DCRG, leave Encashment and family Pension in respect of Armed Forces personnel who are missing.
Sir
A number of cases have been referred to this Ministry for grant of terminal and other pensionary benefits to the families of service personnel who have suddenly disappeared while in operational and non-operational service and whose whereabouts are not known. At present all such cases are considered on merits. In the normal course unless a period of 7 years has elapsed from the date of disappearance of the employee, he cannot be deemed to be dead and therefore 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 had not been heard of for 7 years by those who would naturally have heard of him had he been alive, the burden of proving that he is alive is shifted to the person who affirms it. This has resulted in grant hardship and distress to the families who have to wait for 7 years before any terminal benefits could be paid to them.
2. The president is therefore pleased to decide that when a member of the ‘Indian Armed’ Forces is declared missing while in service, the family will be paid the following benefits subject to adjustment of outstanding dues in respect of the missing personnel, if any:-


(a) Immediately after the date of declaration of disappearance:
The amount of salary due, leave encashment due and DSOF/AFPP Fund amount subject to nomination made by the missing personnel.
(b) After the lapse of one year from the date of declaration of disappearance/ presumption of death:
Family pension/ DCRG etc. as admissible in normal conditions.
3. The above benefits may be sanctioned after observing 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) The claimant will be required to furnish an indemnity bond with two solvent sureties to the effect that all payments thus made will be recovered from the amount due to the person if he/ she reappears and makes any claims.
4. The family can apply to the concerned authority for grant of family pension and DCR Gratuity after one year from the date of declaration of disappearance of the service personnel in accordance with the procedure for sanction of family pension and DCR Gratuity. In case the disbursement of DCR Gratuity is not effected within 3 months of the date of application, the interest shall be paid at the rates applicable and responsibility for the delay fixed.
5. In the case of officers, the respective Branch/ Dte at Service HQrs and in the case of JCOs/ OR and equivalent in Navy and Air Force, their respective Records Offices will process such cases with CDA(O)/PAO/CDA(P)/CDA(Navy)/CDA(Air Force).
6. The provisions of this letter take effect from 29th August, 1986.
7. This issues with the concurrence of the Finance Division of this Ministry vide their u.o. No. 802- Pen of 1988.

Yours, faithfully,
Sd/-(Y.K. TALWAR)Desk Officer