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State of Madhya Pradesh - Section

Section 51 in The M.P. Civil Services (Leave) Rules, 1977

51. Resignation and retirement.

(1)If a Government servant resigns or retires from service without returning to duty after a period of study leave or within a period of three years after such return to duty, he shall be required to refund double the amount of leave salary, cost of fees, travelling and other expenses, if any, incurred by the State Government only drawn by him for the period of study leave, together with interest thereon at Government rates for the time being in force on Government loans from the date of demand before his resignation is accepted or permission to retire is granted :Provided that the Governor may order-
(a)that nothing in this rule shall apply to a Government servant who on return to duty from study leave is permitted to retire from service on medical grounds;
(b)that the amount required to be refunded under this rule shall, in case of a Government servant who on return to duty from study leave is permitted to resign from the service Mid take up employment, under a statutory or autonomous body or in any institution under the control of the Government, be reduced to an amount equal to the expenditure incurred by the Government in respect of the leave salary, study allowance, cost of fees and travelling and other expenses sanctioned to him during the period of study leave together with interest thereon.
(2)The study leave availed of by such a Government servant shall be converted into regular leave standing at his credit on the date on which the study leave commenced, any regular leave taken m continuation of study leave being suitably adjusted for the purpose and the balance, of the period of study leave, if any, which cannot be so converted, treated as extraordinary leave. In addition to the amount to be refunded by the Government servant under sub-rule (1), he shall be required to refund any excess of leave; salary actually drawn over the leave salary admissible on conversion of the study leave.
(3)Notwithstanding anything contained in this rule, the Governor may, if it is necessary or expedient to do so, either m public interest or having regard to the peculiar circumstances of the case or class of cases, by order, waive or reduce the amount required to be refunded under sub-rule (1) by the Government servant concerned or class of Government servants.