Grant of benefit of increment falling due during leave period in the case of a Govt. servant who dies while on leave | DoPT dated 16/02/1989

No. 16/13/88-Estt. (Pay-I) Government of India

Ministry of Personnel, Public Grievances & Pensions 

Department of Personnel and Training

New Delhi the 16 February, 1989

OFFICE MEMORANDUM

Subject: Grant of benefit of increment falling due during leave period in the case of a Govt. servant who dies while on leave.

The undersigned is directed to say that according to Rule 40 of the CCS(Leave) Rules, 1972, a Govt. servant who proceeds on earned leave or commuted leave is entitled to leave salary equal to the pay drawn immediately before proceeding on earned leave or commuted leave, Similarly, a Govt servant on half pay leave or on leave not due is entitled to leave salary equal to half the amount specified above. Consequently, if the normal date of increment a Govt. servant falls during a period when he remains on earned leave/commuted leave/half pay leave/leave not due, the benefit such increment is actually paid to him only from the date he jo duty on expiry of leave though the actual date of next increment remains unaffected. The Staff Side of the JCM,National Council/ have proposed that if in such cases the Govt. servant concerned who is on leave dies without joining duty, the increment which fell de from a date falling within the leave period may be taken into account for the purpose of calculating leave salary etc.

After careful  consideration of the proposal of the Staff Side, JCM, National Council, and having regard to all relevant fa tors, the President is pleased to decide that in the case of a who dies while on any kind of leave for which leave sal

er a lump-sum ex-gratia payment, in addition to the hola entitlements under leave rules, may be allowed to the member of L family as specified in Rule 3 equivalent to the difference between the amount of leave salary 39-C.The ex-gratia payment shall be well as cash equivalent of leave salary admissible as per rules and 39A of C. C.S(Leave) Rules, 1972 and the amount of leave salar as well as cash equivalent of leave salary which would have be admissible if the benefit of the increment falling due during c ency of leave period uptill date of death was allowed from its due date without waiting for re-joining. duty of the Govt, serve The Head of the Department may issue the necessary order sancti..ng the amount of ex-gratia in each individual case.

These orders will take effect from the first of the month which these are issued.

In so far as persons serving in the Indian Audit and Across Department are concerned, this issues after consultation with the Comptroller & Auditor General of India,

TS.HARIHARAN)

Under Secretary to the Government of Ina India

All Ministries/Departments of the Govt. of India et.