Section 14 in Jammu and Kashmir Civil Services (Leave) Rules, 1979
14. Acceptance of Service or Employment While on Leave
(i) A Government servant while on leave, shall not take up any service or employment elsewhere, including the setting up of a private professional practice as an Architect, Accountant, Consultant or legal or medical practitioner, etc. without obtaining the previous sanction of the authority competent to appoint him if the employment/profession lies within the country and of the Government, in case it is outside the country.Exception.Government servants who have been permitted to undertake private practice or any casual literary work or any similar employment are exempted from the operation of the above rule.(ii)(a)No permission for private employment shall ordinarily be allowed during leave other than leave preparatory to retirement.(b)A Government servant desirous of taking up service or employment under a non-Government employer may be required to resign his appointment before taking up any other service or employment, except where grant of permission to serve elsewhere is considered desirable in any exceptional case. In the latter case a Government servant shall be treated as temporarily transferred to the private body/organisation from his parent organisation. He will neither be treated as on leave, nor allowed any pay and allowance for the period involved. The period of such absence shall not, however, exceed the total period of leave due to him at the time of his joining other service subject to a maximum of 5 years. The Government servant may have a right to return to his parent service/ Department during such absence provided the post from which he proceeded exists at the time of his return and has not been filled up substantively. In case of his re-absorption in State service such a Government servant will count for leave (and also pension) his service prior to his taking up service elsewhere. He will forfeit the benefits of promotion, increase in pay etc. which but for his taking up service elsewhere would have become due to him in the normal course during the period of his absence.(iii)(a)In case a Government servant who has proceeded on leave preparatory to retirement is required, before the date of retirement for employment during such leave in any post under the State Government and is agreeable to return to duty, the unexpired portion of the leave from the date of rejoining shall be cancelled.(b)The leave so cancelled under clause (a) shall be treated as unutilised leave and the Government servant granted cash in lieu of leave salary after his retirement subject to the provisions of rule 37.(c)In respect of any period of employment during leave preparatory to retirement, he shall earn leave at the rate of 21/2 days per month.
