Rule 39-C of the CCS (Leave) Rules, 1972 lays down the procedure for payment of the cash equivalent of leave salary when a Government servant dies—whether while in service, after retirement, or after cessation of duties—but before actually receiving the cash equivalent under Rules 39, 39-A, or 39-B.
This rule ensures that the rightful dependents of the deceased receive the monetary benefit without procedural delay, by clearly identifying the order of priority of claimants.
Key Provision
If a Government servant dies:
- While still in service, OR
- After retirement but before receipt of encashment, OR
- After cessation of duties but before receipt of encashment,
➡ The cash equivalent of leave salary becomes payable to the family/legal heirs in a specified order of succession.
Order of Payment (Hierarchy of Claimants)
The benefit shall be released in the following order of precedence:
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Priority
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Eligible Person
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Special Notes / Explanation
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(i)
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Widow (if male employee) / Husband (if female employee)
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If multiple widows, payment is made to the eldest surviving widow, determined by date of marriage, not age.
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(ii)
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Eldest surviving son (including adopted son)
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Only if there is no surviving widow/husband.
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(iii)
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Eldest surviving unmarried daughter
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Applicable if no widow/husband/son exists.
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(iv)
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Eldest surviving widowed daughter
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Follows unmarried daughter in order.
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(v)
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Father
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If none of the above exist.
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(vi)
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Mother
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Only after father’s non-availability.
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(vii)
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Eldest surviving married daughter
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Added via DoPT Notification (2009).
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(viii)
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Eldest surviving brother (below 18 years)
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Priority applies only to minor brothers.
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(ix)
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Eldest surviving unmarried sister
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After brothers’ claim is exhausted.
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(x)
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Eldest surviving widowed sister
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Comes after unmarried sister.
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(xi)
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Eldest child of eldest predeceased son
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Covers grandchildren via deceased son.
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Illustrations
- Case 1: Male Government Servant dies in service
- Survived by two widows (married in 1985 and 1995) and one son.
- The eldest widow (married in 1985) receives payment, not based on age but date of marriage.
- Son will not get the benefit since a widow exists.
- Case 2: Female Government Servant dies after retirement but before receiving leave encashment
- Survived only by her husband and mother.
- Payment goes to husband, as per clause (i).
- Case 3: Government Servant dies leaving no widow/husband, son, or daughter
- Survived only by father and married daughter.
- The father gets priority over the married daughter.
- Case 4: Government Servant dies survived by only a widowed sister
- Payment is made to the widowed sister under clause (x).
Legal References
- DoPT Notification No. 14028/1/81-Estt.(L), dated 19.07.1984
- DoPT Notification No. 11012/1/2009-Estt.(L), dated 01.12.2009
