Section 29 in Jammu and Kashmir Civil Services (Leave) Rules, 1979
29. Commuted Leave
(1) Commuted leave not exceeding half the amount of half-pay due may be granted on medical certificate 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 and records necessary certificate as required under proviso to sub-rule (b) of rule 28 in the case of temporary Government servants;(b)when commuted leave is granted, twice the amount of such leave shall be debited against the half-pay leave due;(c)half-pay leave up to a maximum of 180 days shall be allowed to be commuted during the entire service where such leave is utilized for an approved course of study i.e. a course which is certified to be in the public interest by the leave sanctioning authority:Provided that no such commutation shall be allowed to a Government servant who is allowed study leave for prosecuting of a course of study.(2)Where a Government servant who has been granted commuted leave resigns from service or at his request is permitted to retire voluntarily without returning to duty, the commuted leave shall be treated as half-pay leave and the difference between the leave salary in respect of commuted leave and half-pay leave shall be recovered:Provided that no such recovery shall be made if the retirement is by reason of ill-health incapacitating the Government servant for further service or in the event of his death.Note.Commuted leave may be granted at the request of the Government servant even when earned leave is due to him.[Government Instructions] [Inserted vide F.D. Notification SRO-229 dated 5-6-1982.]When a Government servant is certified medically fit for joining duty, holidays if any succeeding the day he is so certified (including that day) shall automatically be allowed to be suffixed to the leave and holidays if any, preceding the day on which he is certified to be fit shall be treated as part of leave.
