Section 37 in Jammu and Kashmir Civil Services (Leave) Rules, 1979
37. Cash in lieu of leave salary
(1) A Government servant may be paid cash equivalent of leave salary in respect of period of earned leave at his credit at the time of retirement on superannuation.(2)This concession will be subject to the following conditions:-(i)the payment of cash equivalent of leave salary shall be limited to a maximum of [240] [Substituted vide F.D. Notification SRO 202 dated 14.6.190. ] days earned leave:[Provided that with effect from 1-7-1997 the payment of cash equivalent of leave salary shall be limited to a maximum of 300 days of earned leave;] [Substituted by SRO-124 dated 17-4-1998, w.e.f. 1-7-1997.](ii)the cash equivalent of leave salary thus admissible will become payable on retirement and will be paid in one lump sum as a one time settlement;(iii)cash payment will be equal to leave salary admissible for earned leave and dearness allowance admissible on the leave salary at the rates in vogue on the date of retirement. No other allowance like compensatory allowance, Border allowance, Muffasil allowance, House rent allowance, or any other allowance will be admissible as part of leave salary;(iv)the authority competent to grant leave shall suo moto issue order granting cash equivalent of earned leave at credit on the date of retirement; and(v)[] [Substituted vide F.D. Notification SRO 130 dated 6.4.1984. ] The authority competent to grant leave may withhold whole or part of cash equivalent of earned leave in the case of a Government servant who retires from service on attaining the age of retirement while under suspension or while disciplinary or criminal proceedings are pending against him, if in view of such authority there is possibility of some money becoming recoverable from him on conclusion of proceedings against him on conclusion of proceedings, he will become eligible to the amount so withheld, after adjustment of Government dues, if any.(3)The benefit of sub-rules (1) and (2) above will not be applicable in the following cases:-(a)premature/voluntary retirement under Article 226(2) or 226 (3) and Article 230 of the J&K Civil Services Regulations or any other corresponding rule; and(b)persons who are compulsorily retired as a measure of punishment.[Benefit of cash in lieu of earned leave to Government servants who retire voluntarily][Inserted vide F. D. Notification SRO-107 dated 30-3-1982.](4)[] [Inserted vide F. D. Notification SRO-107 dated 30-3-1982.] Notwithstanding the provisions contained in sub-rule (3) above Government servants who may seek voluntary retirement after 1-4-1982 under Article 230 of the Jammu and Kashmir Civil Services Regulations, shall be allowed the benefit of cash equivalent of leave salary in respect of the period of earned leave at credit at the time of voluntary retirement subject to a maximum of [300 days] [Inserted by SRO-124 dated 17-4-1998, w.e.f. 1-7-1997. ], in the same manner as is admissible in respect of retirements on superannuation.(5)[ The benefit of sub-rules (1) and (2) above shall be available to the Government servants of vacation Department also in respect of any amount of earned leave earned by them in terms of the provisions of Rule 27.] [Inserted vide F. D. Notification SRO-471 dated 30-11-1985. ]Pending cases if any shall be decided accordingly.(6)[ Notwithstanding anything contained in sub-rule (3), the benefit of sub-rules (1) and (2) shall be available in the following cases also besides the cases covered under sub-rule (4)] [Inserted vide F. D. Notification SRO-202 dated 14-6-1990. ];(a)Where a Government servant is declared, by a Medical authority, to be completely and permanently incapacitated for further service.(b)Where a Government servant is retired from service by the Government, under Article 226 (2) or 226 (3) of Jammu and Kashmir Civil Service Regulations.(c)Where a Government servant is compulsorily retired as measure of penalty, under the provisions of Rule 30 of Jammu and Kashmir Civil Service (Classification, Control and Appeal) Rules 1956 and the disciplinary authority has not imposed any reduction in the amount of his pension (including gratuity).
