Section 30 in The M.P. Civil Services (Leave) Rules, 1977
30. Leave not due.
(1)Save in the case of leave preparatory to retirement, leave not due may be granted to a Government servant 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 otherwise than on medical certificate.(d)Leave not due shall be debited against the half pay leave the Government servant may earn subsequently.(2)(a)Where a Government servant who has been granted leave not due resigns from service or at his request permitted to retire voluntarily without returning to duty, the leave not due shall be cancelled, his resignation 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.
