Section 39 in Jammu and Kashmir Civil Services (Leave) Rules, 1979
39. Leave salary
(1) A Government servant who proceeds on earned leave is entitled to leave salary equal to the pay drawn immediately before proceeding on earned leave.Note.A Government servant proceeding on earned leave while in foreign service, will be allowed leave salary equal to pay which he would have drawn in his parent Department but for his deputation on foreign service.(2)A Government servant on "half pay leave" or "leave not due" is entitled to leave salary equal to half the amount specified in sub-rule (1) above.(3)A Government servant on commuted leave is entitled to leave salary equal to the amount admissible under sub-rule (1)(4)A Government servant on extraordinary leave is not entitled to any leave salary.(5)A Government servant will not be permitted during leave preparatory to retirement to take up any other service or employment under any private employer, provided that when a Government servant is permitted to take up service with a Public Sector Undertaking during such leave no reduction in leave salary shall be effected.(6)(a)If, in the case of a Government servant who retires, or resigns from the service, the leave already availed of is more than the credit so due to him necessary adjustment shall be made in respect of leave salary, if any, over drawn.(b)Where the quantum of earned leave already availed of by a Government servant who is dismissed or removed from service or who dies while in service is in excess of the leave credited under rule 26, the overpayment of leave salary will be recovered in such cases:[Provided that the employees who retire after 1.4.2004, the pay shall include Dearness Pay] [Inserted vide Notification SRO 207, dt. 22.7.2005. ]
