Memo.No:618, Dt:05-02-1976 | Leave Rules - Encashment of Leave on Death / Superannuation

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.
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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.


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