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State of Jammu-Kashmir - Section

Section 42 in Jammu and Kashmir Civil Services (Leave) Rules, 1979

42. Special disability leave for injury intentionally inflicted

—(1) The authority competent to grant leave may grant special dis-ability leave to a Government servant (whether permanent, quasi-permanent or temporary) who is disabled by injury intentionally inflicted or caused in or in consequence of the due performance of his official duties or in consequence of his official position.
(2)Such leave shall not be granted unless the disability manifested itself within three months of the occurrence to which it is attributed and the person disabled acted with due promptitude in bringing it to notice:Provided that the authority competent to grant leave may, if it is satisfied as to the cause of the disability permit leave to be granted in case where the disability manifested itself more than three months after the occurrence of its cause.
(3)The period of leave granted shall be such as is certified by an authorised Medical Attendant and shall in no cases exceed 24 months.
(4)Special disability leave may be combined with leave of any other kind.
(5)Special disability leave may be granted more than once if the disability is aggravated or re-produced in similar circumstances at a later date, but not more than 24 months of such leave shall be granted in consequence of any one disability.
(6)Special disability leave shall be counted as duty in calculating service for pension and shall not, except the leave granted under the proviso to clause (b) of sub-rule (7) be debited against the leave account.
(7)Leave salary during such leave shall:-
(a)for the first 120 days of any period of such leave including a period of such leave granted under sub-rule (5) be equal to leave salary while on earned leave; and
(b)for the remaining period of any such leave, be equal to leave salary during half pay leave:
Provided that a Government servant may, at his option be allowed leave salary as in sub-rule (a) for a period not exceeding another 120 days and in that event the period or such leave shall be debited to his half pay leave account.Note 1.—Leave salary in respect of special disability leave granted to a Government servant who has rendered service under more than one Government may be apportioned between the Governments in accordance with the normal rule.Note 2.—In the case of a person to whom the Workmen's Compensation Act applies the amount of leave salary payable under this rule shall be reduced by the amount of compensation payable under the said Act.