Section 26 in Jammu and Kashmir Civil Services (Leave) Rules, 1979
26. Earned leave for Government servants serving in a Department other than vacation Department
(a)(i)A Government servant who is serving in a Department other than a Vacation Department shall be entitled to 30 days earned leave in a calendar year.(ii)The leave account .of every Government servant shall be credited at the commencement of each calendar half year at a uniform rate of 15 days each On the first January and July every year.(iii)The credit afforded under clause (ii) above shall be reduced by 1/10th of the period of extraordinary leave/dies non availed of during the previous half year, subject to a maximum of 15 days.(b)(i)The leave at the credit of a Government servant at the close of the previous half year shall be carried forward to the next half year subject to the condition that the leave so carried forward plus the credit for the half year do not exceed the maximum limit of 180 days:[Provided that with effect from 1-1-1988, the maximum limit for accumulation of earned leave shall be 240 days.] [Inserted vide F. D. Notification SRO 202 dated 14-6-1990. ][Provided that with effect from 1-7-1997, the maximum limit for accumulation of Earned Leave shall be 300 days.] [Inserted vide F.D. Notification SRO 124 dated 17-4-1998. ](ii)If a Government servant is on leave on the last day of any particular half of a calendar year, he shall be entitled to earned leave credited on the first of the succeeding half year provided authority competent to grant leave has reasons to believe that the Government servant will return to duty on its expiry.(iii)The credit for the half year in which a Government servant is due to retire or resigns from the service shall be afforded only at the rate of 21/2 days per completed calendar month up to the date of retirement or resignation.(iv)When a Government servant is removed or dismissed from service or dies while in service, credit of earned leave shall be allowed at the rate of 21/2 days per completed calendar month up to the end of the month preceding the month in which he is removed or dismissed from the service or dies in service.(v)When a Government servant is appointed during the course of a calendar half-year the earned leave should be credited to his leave account at the rate of 21/2 days for each completed month of service which he is likely to render in the calendar half-year in which he appointed. For example he is appointed on 13th March the number of completed months of his service in that half year will be 3 and the credit will be 3 x 5/2 = 7.5 days rounded to 8 days.(vi)While affording credit of earned leave fractions of a day will be rounded off to the nearest day.(vii)[ Notwithstanding anything contained in sub-clause (i) above, the procedure for crediting earned leave w.e.f 1-1-1991, shall be as under:- [Inserted vide SRO 230 dated 26.7.1991.](a)In case of employees, having at their credit earned leave of 225 days or less on 1st January/1st July of a year, earned leave of 15 days or proportionately less in respect of retiring persons or those leaving service during the next half year shall continue to be credited in advance as laid down above.(b)In cases where the earned leave at credit as on 1st January/lst July is 240 days or less but more than 225 days, credit of earned leave for 15 days shall be kept, separately and first adjusted against any earned leave that the Government servant may take during the ensuing half year and the balance, if any, credited to the earned leave account at the close of the half year subject to the ceiling of 240 days laid down above. If the earned leave taken during the half year is more than 15 days, the amount in excess of 15 days shall be debited to the leave account.](c)(1) A period spent in foreign service shall count as duty for purposes of this rule if contribution towards leave salary is received on account of such period.(2)Subject to the provisions of rule 8 and sub-clauses (a) (i) and (b) (i) of this rule, the maximum earned leave that may be granted at a time shall be 120 days.
