Section 34(2) in The M.P. Civil Services (Leave) Rules, 1977
(2)Where a Government servant has, in sufficient time, before the date of his retirement :-(a)formally applied for leave due as preparatory to retirement and the leave has been refused in whole or in part, or(b)ascertained in writing from the authority competent to grant leave that such leave if applied for would not be granted, on account of exigencies of public service, then he may be granted from the date of retirement the amount of earned leave so denied increased by the amount of earned leave earned by him during the period between the date on which leave preparatory to retirement was to commence and the date of retirement and decreased by such leave, if any, availed of during the same period, subject to the maximum limit of 120 days :Provided that a Government servant whose service has been extended in the interest of the public service beyond the date of his retirement, may be granted earned leave as under :-(i)during the period of extension, any earned leave due in respect of the period of such extension and, to the extent necessary, the earned leave which would have been granted to him under the preceding proviso, had he retired on the date of retirement,(ii)after expiry of the period of extension-(a)the earned leave which could have been granted to him under the preceding proviso, had he retired on the date of retirement, diminished by the amount of such leave availed of during the period of extension, and(b)any leave earned during the period of extension as has been formally applied for as preparatory to final cessation of his duties in sufficient time during the extension and refused to him on account of the exigencies of the public service, and(iii)in determining the amount of earned leave due in respect of the extension with reference to Rule 25, the earned leave, if any, admissible under the preceding proviso shall be taken into account.
