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:
|
Priority |
Eligible Person |
Special Notes / Explanation |
|
(i) |
Widow (if male employee) / Husband (if female employee) |
If multiple widows, payment is made to the eldest surviving widow, determined by date of marriage, not age. |
|
(ii) |
Eldest surviving son (including adopted son) |
Only if there is no surviving widow/husband. |
|
(iii) |
Eldest surviving unmarried daughter |
Applicable if no widow/husband/son exists. |
|
(iv) |
Eldest surviving widowed daughter |
Follows unmarried daughter in order. |
|
(v) |
Father |
If none of the above exist. |
|
(vi) |
Mother |
Only after father’s non-availability. |
|
(vii) |
Eldest surviving married daughter |
Added via DoPT Notification (2009). |
|
(viii) |
Eldest surviving brother (below 18 years) |
Priority applies only to minor brothers. |
|
(ix) |
Eldest surviving unmarried sister |
After brothers’ claim is exhausted. |
|
(x) |
Eldest surviving widowed sister |
Comes after unmarried sister. |
|
(xi) |
Eldest child of eldest predeceased son |
Covers grandchildren via deceased son. |
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
