Section 27(2) in Jammu and Kashmir Civil Services (Leave) Rules, 1979
(2)(a)In respect of any year in which a Government servant avails himself of a portion of the vacation he shall be entitled to earned leave in such proportion of 30 days as the number of days of vacation not taken bears to the full vacation:Provided that no such leave shall be admissible to a Government servant not in permanent employ or quasi-permanent employ in respect of the first year of his service.(b)If in any year, the Government servant dies not avail himself of any vacation earned leaVe shall be admissible to him in respect of that year under rule 26.Explanation.For the purposes of this rule, the term "Year" shall be construed not as meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a vacation Department.Note 1.A Government servant entitled to Vacation shall be considered to have availed himself of a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forego such vacation or portion of a vacation:Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation he shall be considered to have availed himself of no portion of the vacation.Note 2.When a Government servant in a vacation Department proceeds on leave before completing a full year of duty the earned leave admissible to him shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference to the vacations that fall during the year commencing from the date on which he completed the previous year of duty.[Note 3.] [Inserted vide SRO-471 dated 30.11.1989. ]Notwithstanding anything contained in this Rule, a Government servant belonging to a Vacation Department (and entitled to enjoy regular vacation) if detained on duty during any vacation or portion of vacation or portion of vacation, in connection with Invigilation/Supervision/ Evaluation papers, relating to any examination con-ducted by any Institute/Board/University etc. and for which he is paid remuneration on prescribed rates, shall not be allowed any earned leave for such period of vacation. However, such Government servants can opt to surrender the amount of remuneration prescribed and admissible for such assignment and in lieu thereof have the period of such vacation/ portion thereof to be allowed to count for earned leave under the provisions of this rule.
