Section 27 in Jammu and Kashmir Civil Services (Leave) Rules, 1979
27. Earned leave for persons serving in vacation Departments
(1) A Government servant serving in a vacation Department shall not be entitled to any earned leave in respect of duty performed in any year in which he availed himself of the full vacation.(2)(a)In respect of any year in which a Government servant avails himself of a portion of the vacation he shall be entitled to earned leave in such proportion of 30 days as the number of days of vacation not taken bears to the full vacation:Provided that no such leave shall be admissible to a Government servant not in permanent employ or quasi-permanent employ in respect of the first year of his service.(b)If in any year, the Government servant dies not avail himself of any vacation earned leaVe shall be admissible to him in respect of that year under rule 26.Explanation.For the purposes of this rule, the term "Year" shall be construed not as meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a vacation Department.Note 1.A Government servant entitled to Vacation shall be considered to have availed himself of a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forego such vacation or portion of a vacation:Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation he shall be considered to have availed himself of no portion of the vacation.Note 2.When a Government servant in a vacation Department proceeds on leave before completing a full year of duty the earned leave admissible to him shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference to the vacations that fall during the year commencing from the date on which he completed the previous year of duty.[Note 3.] [Inserted vide SRO-471 dated 30.11.1989. ]Notwithstanding anything contained in this Rule, a Government servant belonging to a Vacation Department (and entitled to enjoy regular vacation) if detained on duty during any vacation or portion of vacation or portion of vacation, in connection with Invigilation/Supervision/ Evaluation papers, relating to any examination con-ducted by any Institute/Board/University etc. and for which he is paid remuneration on prescribed rates, shall not be allowed any earned leave for such period of vacation. However, such Government servants can opt to surrender the amount of remuneration prescribed and admissible for such assignment and in lieu thereof have the period of such vacation/ portion thereof to be allowed to count for earned leave under the provisions of this rule.(3)Vacation may be taken in combination with or in continuation of any kind of leave admissible under these rules:Provided that the total duration of vacation and earned leave taken in conjunction, whether the earned leave is taken in combination with or in continuation of other leave or not, shall not exceed the amount of earned leave due and admissible to the Government servant at a time under rule 26:Provided further that the limitation prescribed above shall not apply when vacation, earned leave and commuted leave are taken in conjunction.[27-A.A Government servant whether in a Vacation Department or in a Non-Vacation Department will be allowed to have the period of joining time which be may not have availed on transfer from one station to another either under the orders of the competent authority or of his own accord, credited to his earned leave account.]
