Section 38 in Jammu and Kashmir Civil Services (Leave) Rules, 1979
38.
-In case a Government servant dies while in service the cash equivalent of the leave salary that the deceased employee would have got had he gone on earned leave that would have been due and admissible to him but for the death on the date immediately following the death and in any case, not exceeding leave salary for [300 days] [Substituted by SRO 146 dated 29-5-2000. ], shall be paid to his family without any reduction on account of pension equivalent of D.C.R. gratuity or family pension etc.Note 1.In addition to the cash equivalent of leave salary admissible under this rule the family of the deceased Government servant shall also be entitled to the payment of dearness allowance only on the leave salary.Note 2.The provisions of rule 38 are also applicable to re-employed pensioners in respect of leave earned by them during the period of re-employment. The leave salary shall be payable equal to pay drawn during the period of re-employment (exclusive of pension and pension equivalent of gratuity).[Government Instruction]:[Inserted vide F. D. Notification SRO-194 dated 21-5-1985. ]Payment of cash equivalent of leave salary in case of death etc. of a Government servant.In the event of the death of a Government servant while in service or after retirement or after final cessation of duties but before actual receipt of the cash equivalent of leave salary payable under leave rules (Rules 37, 37-A and 38) such amount shall be payable:-(i)to the widow and if there are more widows than one, to the eldest surviving widow if the deceased was a male Government servant, or to the husband, if the deceased was a female Government servant.Explanation.The expression "eldest surviving widow" shall be construed with reference to the seniority according to the date of marriages of the surviving widows and not with reference to their ages.(ii)failing a widow or husband, as the case may be to the eldest surviving son or an adopted son.(iii)failing (i) and (ii) above the eldest surviving unmarried daughter.(iv)failing (i) and (iii) above to the eldest surviving widowed daughter.(v)failing (i) to (iv) above to the father.(vi)failing (i) to (v) above to the mother.(vii)failing (i) to (vi) above to the eldest surviving brother below the age of eighteen years.(viii)failing (i) to (vii) above to the eldest surviving unmarried sister; and(ix)failing the above to the eldest surviving sister.
