Section 36 in The M.P. Civil Services (Leave) Rules, 1977
36. Leave salary.
(1)A Government servant who proceeds on earned leave is entitled to leave salary equal to the pay drawn immediately before proceeding on earned leave :[Provided that if a Government servant on deputation to foreign service in India or officiating on a higher post, on reversion to his original post/cadre proceeds on earned leave without joining the post of his reversion, shall be entitled to draw leave salary equal to the pay which he would have drawn, but for his deputation on foreign service or but for his appointment to higher post, immediately before proceeding on earned leave.] [Inserted by Notification No. 579-326-78-R-I-IV, dated 25-5-1978 (w.e.f. 25-4-1978).]Note. - In respect of any period spent on foreign service out of India, the pay which the Government servant would have drawn if on duty in India, but for foreign service out of India, shall be substituted for the pay actually drawn while calculating leave salary.(2)A Government servant on half pay leave or leave not due is entitled to leave salary equal to half the amount specified in sub-rule (1).(3)A Government servant on commuted leave is entitled to leave salary equal to the amount admissible under sub-rule (1).(4)A Government servant on extraordinary leave is not entitled to any leave salary.(5)In the case of a person to whom the Employees State Insurance Act, 1948 applies, leave salary admissible during leave, other than earned leave, shall be reduced by the amount of benefit admissible under the said Act for the corresponding period.(6)(a)If, in the case of a Government servant who retires or resigns from service, the leave already availed of is more than the credit so due to him necessary adjustment shall be made in respect of leave salary, if any overdrawn.(b)Where the quantum of earned leave already availed by a Government servant who is dismissed or removed from service or who dies while in service is in excess of the leave credited under clause (2) (b) of Rule 26 the over payment of leave salary shall be recovered in such cases.(7)A Government servant who is granted leave beyond the date of retirement as provided under Rule 34, shall be entitled during such leave to leave salary as admissible under this rule, reduced by the amount of pension and pension equivalent of other retirement benefits.
