Day of death of an official on EXOL/EL on MC, to be treated as a part of leave.

Day of death of an official on EXOL/EL on MC, to be treated as a part of leave. - In a particular case, the Director of Accounts (Postal), Madras, made a reference for clarification whether the day of death of an official who is on EXOL/EL on MC can be treated as a working day where the disbursing officer has drawn the full duty pay and allowances for the day of death by quoting Rule 5 (2) of CCS (Pension) Rules, 1972, as per which the day of death shall be treated as a "working day". The Department of Personnel and Training have been consulted and the advice given by them is reproduced below for information and reference. "In the case under reference, the Government servant immediately before his death while in service had been absent from duty on extraordinary leave on medical grounds. It cannot be presumed that had he not died, he would have reported for duty. For resuming duty he was required to submit medical fitness certificate which it appears had not been issued in his favour. A medically unfit person cannot be treated as on duty. As such in the instant case, the day of death of the Government servant has to be treated as a part of leave which he was availing of on the day previous to the day of death." [G.I., Dept. of Posts, Lr. No. 4-14/93-Pen., dated the 24th August, 1993.