Section 30(2) in Jammu and Kashmir Civil Services (Leave) Rules, 1979
(2)(a)Where a Government servant who has been granted leave not due, resign from service or is at his request permitted to retire voluntarily without returning to duty, the leave not due shall be cancelled, his resigning or retirement taking effect from the date on which such leave had commenced , and the leave salary shall be recovered.(b)Where a Government servant who having availed himself of leave not due returns to duty but resigns or retires from service before he has earned such leave he shall be liable to refund the leave salary to the extent the leave has not been earned subsequently:Provided that no leave salary shall be recovered under clause (a) or clause (b) if the retirement is by reason of ill-health incapacitating the Government servant for further service or in the event of his death or in the event of his having been retired prematurely under Article 226 (2) of the J&K Civil Service Regulations.
