Section 29(2) in Jammu and Kashmir Civil Services (Leave) Rules, 1979
(2)Where a Government servant who has been granted commuted leave resigns from service or at his request is permitted to retire voluntarily without returning to duty, the commuted leave shall be treated as half-pay leave and the difference between the leave salary in respect of commuted leave and half-pay leave shall be recovered:Provided that no such recovery shall be made if the retirement is by reason of ill-health incapacitating the Government servant for further service or in the event of his death.Note.Commuted leave may be granted at the request of the Government servant even when earned leave is due to him.[Government Instructions] [Inserted vide F.D. Notification SRO-229 dated 5-6-1982.]When a Government servant is certified medically fit for joining duty, holidays if any succeeding the day he is so certified (including that day) shall automatically be allowed to be suffixed to the leave and holidays if any, preceding the day on which he is certified to be fit shall be treated as part of leave.
