Section 16(12) in The Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981
(12)(a)Commuted leave not exceeding half the period of half pay leave due may be granted on medical certificate given by a registered medical practitioner, stating as clearly as possible, the nature and probable duration of the illness, on the following conditions namely :(i)When commuted leave is granted, twice the amount of such leave shall be debited against the half pay leave due.(ii)No commuted leave shall be granted under this rule, unless the authority competent to sanction leave [is satisfied that there is reasonable prospect of the employee returning to duty on its expiry.] [These words were substituted for the word 'has reason to believe that the employee will return to duty on its expiry' by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.](iii)[ The authority competent to grant leave shall obtain an undertaking from the employee that in the event of his resignation or retiring voluntarily from service he shall refund the difference between the leave salary drawn during commuted leave and that admissible during half pay leave.] [Clause (iii) was added by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.](b)The authority competent to sanction leave may, at its discretion secure a second medical opinion by requesting the Superintendent in Government Medical Hospitals in Bombay, or Civil Surgeon or District Medical Officer, or Medical Officer of Zilla Parishads, Municipal Councils or Municipal Corporations to have the applicant medically examined. If the authority decides to do so, it shall arrange for the second medical examination to be made on the earliest possible date after the date on which the first medical opinion was given. It shall forward the original medical certificate produced by the applicant to the Medical Officer by whom he is to be re-examined.(c)The re-examination, if necessary, shall be arranged by the Management at its own cost, if any, and any expenditure on this account shall not be held admissible for grant.(d)Half pay leave upto a maximum of 180 days shall be allowed to be commuted during the entire service where such leave is utilised for an approved course of study which is certified to be in the public interest by the authority sanctioning leave on the conditions mentioned in sub-clauses (i) and (ii) of clause (a).(e)[ Where an employee who has been granted commuted leave resigns from his 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 : [Clause (e) was added by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.]Provided that, no such recovery shall be made if the retirement is by reason of ill-health incapacitating the employee for further service or in the event of his death.] [Proviso was added by Notification No. PST.1083/194/SE-3-Cell, dated 20.12.1984.]
