Section 39(6) in Jammu and Kashmir Civil Services (Leave) Rules, 1979
(6)(a)If, in the case of a Government servant who retires, or resigns from the service, the leave already availed of is more than the credit so due to him necessary adjustment shall be made in respect of leave salary, if any, over drawn.(b)Where the quantum of earned leave already availed of by a Government servant who is dismissed or removed from service or who dies while in service is in excess of the leave credited under rule 26, the overpayment of leave salary will be recovered in such cases:[Provided that the employees who retire after 1.4.2004, the pay shall include Dearness Pay] [Inserted vide Notification SRO 207, dt. 22.7.2005. ]
