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State of Jammu-Kashmir - Section

Section 20 in Jammu and Kashmir Civil Services (Leave) Rules, 1979

20. Leave to Government Servant who is Unlikely to be fit to return to Duty

—(1) (a) When a medical authority has reported that there is no reasonable prospect that the Government servant will ever be fit to return to duty, leave shall not necessarily be refused to such Government servant.(b)The leave may be granted, if due, by authority competent to grant leave on the following conditions:(i) If the medical authority is unable to say with certainty that the Government servant will never again be fit for service, leave not exceeding twelve months in all may be granted and such leave shall not be extended without further reference to a medical authority.(ii)If a Government servant is declared by a medical authority to be completely and permanently incapacitated for further service, leave or an extension of leave be granted to him after the report of the medical authority has been received, provided the amount of leave as debited to the leave account, together with any periods of duty beyond the date of the report of the medical authority does not exceed six months.
(2)A Government servant who is declared by a medical authority to be completely and permanently incapacitated for further service shall:-
(a)If he is on duty, be invalided for service from the date of relief of his duties, which should be arranged without delay on receipt, of the report of the medical authority; if however, he is granted leave under sub-rule (i) he shall be invalided from service on the expiry of such leave.
(b)If he is already on leave, be invalided from service on the expiry of that leave or extension of leave, if any, granted to him under sub-rule (i).