Section 30 in Jammu and Kashmir Civil Services (Leave) Rules, 1979
30. Leave not due
(1) Save in the cast of leave preparatory to retirement leave not due may be granted to a Government servant in permanent employ or quasi-permanent employ subject to the following conditions:-(a)the authority competent to grant leave is satisfied that there is reasonable prospect of the Government servant returning to duty on its expiry;(b)leave not due shall be limited to the half-pay leave he is likely to earn thereafter;(c)leave not due during the entire service shall be limited to a maximum of 360 days, out of which not more than 90 days at a time and 180 days in all may be allowed otherwise than on medical certificate; and(d)leave not due shall be debited against the half pay leave the Government servant may earn subsequently.Note.A Government servant whose period of suspension is treated as leave whatever kind due cannot be allowed the benefit of "Leave not due" for the whole or a part of the period of suspension.(2)(a)Where a Government servant who has been granted leave not due, resign from service or is at his request permitted to retire voluntarily without returning to duty, the leave not due shall be cancelled, his resigning or retirement taking effect from the date on which such leave had commenced , and the leave salary shall be recovered.(b)Where a Government servant who having availed himself of leave not due returns to duty but resigns or retires from service before he has earned such leave he shall be liable to refund the leave salary to the extent the leave has not been earned subsequently:Provided that no leave salary shall be recovered under clause (a) or clause (b) if the retirement is by reason of ill-health incapacitating the Government servant for further service or in the event of his death or in the event of his having been retired prematurely under Article 226 (2) of the J&K Civil Service Regulations.
