GOVERNMENT
OF ANDHRA PRADESH
FINANCE
& PLANNING (F.W. FR.) DEPARTMENT
Circular
Memo.No.618/1785/75-2, dated
5-2-1976
Sub: Encashment of
leave on Death/Superannuation - Certain clarifications.
With
reference to the orders issued in the G.O. Ms. No. 186, Finance and Planning
(Fin. Wing. F.R.I) Department, dat6d 23rd July, 1975, G.O. Ms. No.
208, Fin. & Pig. (Fin.Wing-FR.I) Department, dt. 16-8-1975, certain points
have been raised by the Accountant General, Andhra Pradesh, Hyderabad, and some
Heads of Departments. The following clarifications are therefore, issued for
guidance.
Serial
Number, points raised and clarification; -
1. At present, rules
and procedure exist for disbursement to the family or legal heirs, of pay and
allowances including leave salary etc., relating to the deceased Government
employee vide Rule 80 of A. P. Financial Code Volume-I. It is presumed that the
same would apply to the disbursement of leave salary payable.
The
presumption is confirmed.
2. A formal order
may be required to be issued, indicating the eligibility for the privilege
leave/earned leave on the crucial date viz., the day following the date of
death or the date of superannuation after obtaining the eligibility reports
from the proper authorities/concerned sources. A note of the sanction may also
be required to be made in the service register/roll of the employees.
The
suggestion of the Accountant General Andhra Pradesh-I, Hyderabad is accepted.
The Heads of Departments are requested to follow the said procedure
scrupulously.
3. In the G.O. Ms.No. 208, Finance and Planning (Fin. Wing FR.I) Department dated 16th Aug11st,1975, it is ordered that Government servants shall be allowed to encash earned /
privilege leave. It is presumed that only leave salary is payable, as there is
no question of the employees being entitled to these allowances, after the date
of death / superannuation. The Government servants who are allowed to encash
the leave at their credit as on the date of death / superannuation should be
allowed whatever emoluments (gross payment) they would be entitled to had they
actually gone on earned/privilege leave, comprising of pay, Dearness Allowance,
House Rent Allowance, C.A. etc., no deductions need be made from such payment.
4. In the case of a
person who is entitled to enjoy refused leave- after retirement, the
eligibility to privilege or earned leave on the date of superannuation, may
have to worked out after deducting the privilege/earned leave which represents
such refused leave. The instructions issued in Circular Memo. No.
69351-B/1815/FR.1/75-1, dated 4th November, 1975 will clarify the
position.
5. Regarding drawl
and disbursement of the benefits granted in the G.O. Ms. No. 186, Finance and
Planning (Fin. Wing F. R. I) Department, dated 23rd July 1975 and
208 Finance and Planning (Fin. Wing-FR. I) Department, dated 16th August
1975 the last pay certificate is to be issued after the death / superannuation
for purpose of pension / gratuity as follows:
i) In case of the
Gazetted Officers, the leave salary may be required to be paid by the last
disbursing officer viz., District Treasury Officer / Pay and Accounts Officer;
ii) In the case of
others, by the last pay drawing officer, the procedure suggested will result in
delay in the sanction and release of pensionary benefits. The leave salary
under the encashment scheme on death / superannuation has no impact whatsoever
on pensionary benefits nor the later affects, the former, both being
independent payments. The last pay certificate or pensionary benefits need not
be held up until the actual disbursement of leave salary takes place. Subject
to the above, the suggestion is accepted.
6. Whether
encashment of leave for less than fifteen days can be allowed in respect of
officers who retired from service on reaching the age of 55 years and who were
retired from service prematurely in the public interest.
This
point is covered by the orders issued in G.O. Ms. No. 208 Finance and Planning
(FR.I) Department, dated 16th August 1975 and G.O. Ms. No. 27,
Finance and Planning (FR. I) Department dated 19th January 1976.
7. Whether the lapsed
leave can be revived for the purpose of encashment, if the earned leave at
credit is short of 120 days. Not permissible.
B.P.R.VITHAL
Secretary
to Government.