Section 36 in Jammu and Kashmir Civil Services (Leave) Rules, 1979
36. Leave beyond the date of retirement or quitting of service
(1) Except as provided hereinafter, no leave shall be granted to a Government servant beyond:-(a)the date of his retirement, or(b)the date of his final cessation of duties, or(c)the date on which he retires by giving notice to Government or he is retired by Government by giving him notice or pay and allowances in lieu of such notice, in accordance with the terms and conditions of his service, or(d)the date of his resignation from service.(2)A Government servant may avail in full or in part the earned leave at his credit subject to a maximum of 1 Substituted vide F.D. Notification SRO-124 dated 17-4-1998, w.e.f. 1-7-1997.[300] days preparatory to his retirement. Where a Government servant avails of only part of such leave or where the leave preparatory to retirement if applied by him is refused to him, he will be allowed the benefits of rule 37 for the earned leave that remains at his credit on the date of retirement.(3)A Government servant who retires from service on attaining the age of retirement while under suspension shall become eligible for the benefit of cash equivalent in respect of earned leave that was at his credit on the date of his retirement, calculated in the manner prescribed in rule 26 on conclusion of the proceedings against him if the authority competent to reinstate him in service holds that the suspension was wholly unjustified.(4)Where the service of a Government servant has been extended in the public interests beyond the date of his retirement he may be granted earned leave as prescribed in rule 26 as follows:-(a)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 was at his credit on the date of his attaining age of retirement; and(b)after the expiry of the period of extension he may be allowed in accordance with rule 37 cash equivalent of leave salary for the unutilised period of leave out of the earned leave which was at his credit on the date of his attaining the age of retirement, plus the unutilised period out of the earned leave, that he earned during the period of extension subject to overall maximum of [300] [Substituted vide F.D. Notification SRO-124 dated 17-4-1998, w.e.f. 1-7-1997. ] days.(5)(i)A Government servant to whom clause (c) of sub-rule (1) applies may be granted leave due and admissible to him which may extend beyond the date on which he retires or is retired from service, but not extending beyond the date of retirement: Provided that a Government servant who is retired by Government by giving him pay and allowances in lieu of notice may apply for leave within the period for which such pay and allowances were given and where he is granted leave, the leave salary shall be allowed only for the period of leave excluding that period for which pay and allowances in lieu of notice have been allowed.(ii)The leave salary and allowances as may be due under (i) above will be paid in lump sum as one time settlement.(6)(i)Where the service of a Government servant not in permanent employ is terminated by notice or on payment of pay and allowances in lieu of notice, or otherwise in accordance with the terms and conditions of his appointment, he may be granted earned leave to his credit, subject to a maximum of 1 Substituted vide F.D. Notification SRO-124 dated 17-4-1998, w.e.f. 1-7-1997. [300] days even though such leave extends beyond the date on which he ceases to be in service. If the Government servant himself resign or quits service, he may be granted earned leave to the extent of half such leave, to his credit subject to a maximum of [300 days and 150 days] [Vide Corrigendum No. A/9 (98)-536-A, dated 17.04.1998, w.e.f. 1.7.1997. ]:Provided that the leave so granted to such Government servant other than a Government servant re-employed after the date of retirement does not extend beyond the date of his retirement.(ii)The amount equivalent to leave salary and allowances, if any, admissible during such leave shall be paid in lump sum as one time settlement.
