When a Government servant dies while still in service, certain leave benefits are payable to their family. These are governed by Rule 39-A of CCS (Leave) Rules, 1972.
🔹 Main Provision
- Eligibility:
- If a Government servant dies while in service, the leave at credit (Earned Leave + Half Pay Leave) on the date of death is considered.
- The combined encashment cannot exceed 300 days.
- Payment to Family:
- The amount is paid to the family of the deceased Government servant.
- The procedure for family entitlement and disbursement is specified under Rule 39-C.
- Calculation Formula:
- The calculation of cash equivalent is the same as Rule 39(2).
- Two components are considered:
- Earned Leave (EL) encashment
- Half Pay Leave (HPL) encashment
- Dearness Allowance (DA):
- In addition to the leave encashment, the family is entitled to Dearness Allowance (DA) as per orders separately issued by the Government.
🔹 Formula for Calculation
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Type of Leave
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Formula
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Maximum Limit
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Earned Leave (EL)
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(Pay on date of death + DA) ÷ 30 × EL days at credit
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Combined EL + HPL not exceeding 300 days
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Half Pay Leave (HPL)
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(Half Pay + DA on Half Pay) ÷ 30 × HPL days at credit
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Combined EL + HPL not exceeding 300 days
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🔹 Illustration
👉 Suppose a Government servant dies while in service with the following:
- Basic Pay = ₹60,000
- Dearness Allowance (DA) = ₹12,000
- Earned Leave (EL) at credit = 120 days
- Half Pay Leave (HPL) at credit = 150 days
- Total leave at credit = 270 days (within 300-day limit)
Step 1: Calculate EL Encashment
(60,000+12,000)÷30×120=72,000÷30×120=2,88,000(60,000 + 12,000) ÷ 30 × 120 = 72,000 ÷ 30 × 120 = 2,88,000
Step 2: Calculate HPL Encashment
- Half Pay = 30,000 (half of 60,000)
- DA on Half Pay = 6,000
- Total for HPL = 36,000
36,000÷30×150=1,80,00036,000 ÷ 30 × 150 = 1,80,000
Step 3: Total Encashment
2,88,000+1,80,000=₹4,68,0002,88,000 + 1,80,000 = ₹4,68,000
Final Amount Payable to Family = ₹4,68,000 (Leave Encashment) + DA (as per orders issued separately)
🔹 Key Takeaways
- Maximum limit = 300 days (EL + HPL combined).
- Payment is automatic (suo motu); family need not apply separately.
- DA is an additional benefit, apart from leave encashment.
- Governed by Rule 39-C for distribution among family members.
⚖️ This provision ensures that the family of a deceased employee receives financial support in the form of accumulated leave benefits, easing their hardship at a critical time.
