[*

GOT'ERNMENTOF JAMMU AiID KAS}IMIR

FINANCE DEPARTMENT
,\-

I I

l,

n.

THE JAMMU AIID KASHMIR CIVIL SERVICES (LEAVE) RULES,1979.

" .

.3RD REPRI}IT DMON 2006 I "' AplinL,zut. ''l

. . i ; i . : b . r .
I .

INCORPORATING CORRECNON SLIP NOS.UP TO....... ENDING APRIL2006

FOREWORD (Leave) Rules, Reprint Editionof theJ&K Civil Services Thesecond in correction slipsup to June,1990wasissued June, 1979incorporating had of 1990.Sincethena number amendments beenmadein rulesand Reprint-Edition. issue updated an needwasfelt to ending of amendments This Reprint-Edition the Rulescontains 0412006. Reprint Editionwill find it It is hoped theusers thisupdated that of which Any omission/discrepancy maycometo the noticeof users useful. out action. maybepromptlypointed for corrective

:l

(8. B.Vyas) Commissioner/Secretary to Government, Finance Department.

TABLE OF CONTENTS
PageNo.

Reference toRule CHAPTER I Preliminary l. 2. 3. 4. 5. Title of the Rules Date from which effective Extentof application Definitions Treafnent in case of Government servants on temporary transfer or on foreign sewice Treatmentin caseof Govemmentservantson transfer from the service or posts governed by otherLeaveRules

I I I 2

6.

2
a J

7.

.. in absorption publicenterprises Permanent

CHAPTERII GeneralConditions

8. 9.

Conditionsfor the grant of leave of Regulations claim to leave

..

4 4

1 0 . Effect of dismissal,removal or resignation

on leaveat credit I l. Commutation of one kind of leave into another Combinationof different kinds of leave

4 )

12.

liil
Reference to Rule 13. 14. Mal<imumarnountof continuousleave Acceptanceof serviceor employment while on leave CHAPTER III Grant of and retum from leave 15. 16. l7 . 18. Applicationfor leave LeaveAccount Verificationoftitle to leave Leave not to be grantedin certain circumstances Grant of leaveon Medical Certificate Leaveto a Govemmentservantwho is unlikely to retum to duty Commencement terminationof leave and Combinationof holidayswith leave Recallto duty beforeexpiry of leave Returnfrom leave Absenceafter expiry of leave CHAPTER IV Kinds of leavedue andadmissible 26. 27. Earnedleave EarnedLeave for personsservingin vacation departments l2 7 7 7 PageNo.

7 7

19. 20,

8 9 9 l0 l0 II

21. 22. 23. 24. 25.

14

liiil
Reference to Rule

Page No.

28. 29. 30. 31. 32. 33.

34. 35. 36. 37.

Half-pay leave Commutedleave Leave not due Leave to Government servantssuffering from T.B., Leprosy,Canceretc. Extraordinary leave Leve to a probationer and a person on probation Personsre-employed after retirement Leave preparatoryto retirement Leave beyond the date of retirement or quitting of service Cashin lieu of leaveat the time of retirement Cashin lieu of leaveto a Govemment servantwho dies while in service Leavesalary Advanceof leavesalary Meternity leave Specialdisability leavefor injury intentionally infl icted Specialdisability leaveforaccidentalinjury Quarantineleave

l5 l6 t7

.. t7 .. l8
20 20 20

.. 20 ))

38.

24 26 26 28 28 30 30 3l

39. 40. 41. 42.

43. 44.

45-{,0 Casualleave

livl
Reference to Rule PageNo.

leave 6l--13 Study :==::to rules in-service of Application these 74. Governmentemployees 75. 76. or Rightof changlng interpretation servant of Exercise optionby Govemment of treatment Repealandsavings and Schedules Forms

.. 38

.. 42 " 42

.. 42 .. 43 .. 45

77.

TTHE JAMMU AND KASHMIR CIUL SERVICES (LEAVE)RULES, 1979 CHAPTER I Preliminary l. Short title and commencement.ll) Theserules may be called "The Jammuand Kashmir Civil Services (leave)Rules, 1979" 2. They shall come into force on Ist January,1979. 3. Extentof application.-Save as otherwiseprovided in theserules, theserules shall apply to Governmentservants appointedto the civil services and posts in connection with the affairs of the Statebut shall not apply to :(a) apprentices, persons in casual or daily rated or part-time employment; (b) personspaid from contingencies; (c) workmen employedin Industrialestablishments ; (d) personsin work-chargedestablishments ; (e) membersof the All lndia Services; (0 personsemployedon contractexceptwhen the contractprovides otherwise;

(g) personsin respectof whom specialprovisionshave been made by or underthe provisionsof the constitutionor any other law for the time being in force ; (h) persons serviceon l-l-1979 who haveoptedto be govemed, in purposes leave,by the Jammuand Kashmir Civil Services for of Regulations; (i) personsservingunderthe StateGovernmenton deputationfrom the other StateGovemmentsor the Central Governmentor anv other source.for a limited duration.
+Sanctioned vide FinanccDcpartmentNotificationSRO-44of 1979dated : l8-l-1979

1,2 )
Nole.-Seealsorule74. 4. Definilion.ll) requires :In these rules,unless contextotherwise the

(a) "Authoritycompetent grant to leave" means authority the specified in column(3) of the First Schedule these to rulescompetent grantthe to (2) kind of leave specified thecorresponding in entries column of thesaid in Schedule;
(b) "Completedyearsof Service" or "one year's continuousservice" meanscontinuousserviceof specifiedduration underthe StateGovernment and includesthe period spenton duty aswell ason leaveincluding extraordinary leave; (c) "Compulsory retiremenVDateof retirement" in relation to a Government servant meansthe aftemoon of the last day of the month in which the Govemmentservantattainsthe age prescribed such retirement for goveming his service. under the terms and conditions Explanation-For purposesof this rule an employeewhose date of birth falls on first day of any month will attain the age of retirementon the afternoonof the last day of the precedingmonlh. (d) "Form" meansa Form appended the secondscheduleto these to rules; (e) "Government in servant quasi-permanent employ" means oflicer, an declaredas quasi-permanent under the Jammu and Kashmir Civil Services (TemporaryService)Rules, 1961 ; (f) "Government servant in permanentemploy" meansan oflicer postor who holds a lien on a permanent who holds substantively permanent a post or who would have held a lien on permanent post had the lien not been suspended ; (g) "Vacation Departnent" meansa departnent or part of a department, to which regular vacationsare allowed, during which Govemmentservants serving in the department permittedto be absentfrom duty. are (2) Words and expressions usedhereinand not definedbut defined in the Jammuand Kashmir Civil ServiceRegulations, shall have the meanings respectively assignedto them in the Jammu and Kashmir Civil Services Regulations.

t3l
5. Goyernment servants on temporary trons.fer or on .fbratgn service.-Sovemment servants whomthese to rulesapplyshallcontinue he to governed theseruleswhile on temporary by transfer any establishntent to or department which theserules do not apply or wlrile on deputation orr to or foreign service. 6. Transferfrom serviceor posts governed otlterleat,erlrlcs.-Unless by it be otherwise providedin theserules,a permanent Government servantto whom these rulesdo not apply,whentransfened a service postto rvhiclr to or theserules apply, shall becomesubjectto theserules from the date of such appointment, which casethe leaveat his creditunderthe rulesprevioLrsll, in applicableto him shallbe carriedforwardsubject the maximumlirnitsol' to accumulatidn laid down in ru1e26 (D. The leavesocarriedforwardshall as (b) first be exhausted beforethe leaveearnedundertheserules is availedof. The leave salary in respect'ofthe leave carriedforward shall be borne by tlre Department(unlessthe Departntentis the same)or the Government frorn which the Governmentservantis transferred. 7. Permanentabsorption in Public Enterprises.-A Governtnent servantwho while on deputation to a Public Sector Undertaking/ autonomous body, opts for permanent absorption any suchenterprise, in will have his title to earnedleaveprotected. all such cases In tlre Public Enterpriseswhere the Governmentservantgets absorbedwill take over the liability of earned leavewhich the opteehad at his creditar the rirneo1' permanent absorption and in returnthe Governmentshall pay to the Public Enterprisea lump sum equalto leavesalaryfor the earnedleavedue to thc Governmentservanton that date.

t4I
CHAPTER II General Conditions. 8. (i) Leave cannotbe claimedas a matterof fight. (ii) Whentheexigencies ofPublic Service require, so leaveofany kind may be refusedor revokedby the authority competent grant it, but it shall to not be open to that authority to alter the kind ofleave due and applied for, except at the written requestof the Governmentservant. 9. Regulationof claims to leave.-A Govemmentservant'sclaim to leaveis regulatedby the rules in force at the time the leaveis applied for and granted. 10. Efect of dismissal,removalor resignationon leaveat credit.li) Except as providedin ruIe36 and this rule, any claim to leaveto the credit of a Govemmentservantwho is dismissedor removedor who resigns from Govemment service cerres from the date of such dismissalor removal or resignation. (ii) Where a Governmentservantapplies for anotherpost under the StateGovemmentbut outside his parent office or departmentand if such applicationis forwardedthroughproperchanneland the applicantis required to resign his post before taking up the new one such resignationshall not result in the lapseof the leaveto his credit. (iii) Unlessit be otherwiseprovidedin the reinstatement orderor in any separateorder a Governmentservant,who is dismissedor removed from serviceand is reinstated appealor revision, shall be entitled to count for on leavehis serviceprior to dismissalor removal,asthe casemay be. (iv) A Governmentservantwho having retired on compensation or invalid pensionor gratuityis re-employed allowedto counthis pastservice and for pensionshall be entitledto count his former servicetowardsleave. ll. Commutation onekind of leaveinto another-{i) At the request of of a Government servant authoritywhich grantedhim leavemay commute the it retrospectively into leaveof a different kind which was due and admissible to him at the time the leavewas granted,but, the Govemmentservantcannot claim such commutationas a matterof right. (ii) The commutation one kind of leaveinto anothershall be subject of to adjustment leavesalaryon the basis of leave finally granted to ttre of

t5l
Govemmentservant,that is to say,amountpaid to him in excess, any, shall if be recovered any arrears or due to him shall be paid. Note.-Extraordinary leavegrantedon medical certificateor otherwisemay be commuted retrospectively into leave not due subject to the provisions rule 30. of 12. Combination of diferent kind of leave.:-Bxcept as otherwise providedin these rules,any kind of leaveundertheseryles may be grantedin combinationwith or in'continuationof any other kind of leave. Explanation--{asual leave which is not recognisedas leave under theserules shall not be combinedwith any other kind of leave admissible under theserules. Specialcasual leave shall however,be allowed to be combinedwith other leave subjectto provisionsof rule 60. 13. Mmimum omountof continuousleave.-Unless the Govemment in view of the exceptional circumstances the ca-se of otherwisedetermines, no period Government servantshallbe grantedleaveof any kind for a continuous exceedingfive years. 14. Acceptanceof service or employmentwhile on leave.li\ A while on leave, Govemment servant shallnottakeup any service employment or elsewhere,including the setting up of a private professionalpractice as an Architect, practitioner, without Accountant, Consultant legalor medical or etc. obtainingthe previoussanction the authoritycompetent appointhim if of to the employmenVprofession within the countryandof the Government, lies in caseit is outsidethe country. Exception.-Government se6yants who have been permitted to privatepractice anycasual undertake or literarywork or anysimilaremployment are exemptedfrom the operationof the aboverule. (iD (a) No permission privateemployment for shallordinarilybeallowed during leaveotherthan leavepreparatory retirement. to (b) A Govemment servant desirous oftaking up service employment or undera non-Government employer may be required resignhis appointment to before taking up any other service or employment,except where grant of permission serveelsewhere considered to is desirable anyexceptional in case. In the lattercase Govemment a servant shallbetreatbd temporarily as transferred to the privatebody/organisation his parentorganisation. will neither fiom He be treatedas on leave,nor allowed any pay and allowancefor the period involved.The period of such absence shall not, however,exceedthe total

t6l
to subject a period leave to him at thetimeof hisjoiningotherservice due of servant may havea right to returnto maximum 5 years. TheGovernment of provided postfrom the duringsuchabsence his parentservice/Department returnandhasnot beenfilled up existsat thetime of his which heproceeded sucha Govemment in service In of substantively. case hisre-absorption State priorto his taking (andalsopension) service his servant countfor leave will in increase pay of He benefits promotion, up service elsewhere. will forfeitthe due wouldhavebecome to elsewhere histakingup service etc.whichbutfor duringtheperiodof his absence. him in thenormalcourse on (iiD (a) In casea Govemment who hasproceeded leave servant preparatory retirementis required,beforethe date of retirementfor to and Government is in the employment duringsuchleave anypostunder State portionofthe leavefrom thedateof to agreeable returnto duty,theunexpired rejoining shallbecancelled. (a) as (b) The leaveso cancelled underclause shall be treated ungranted salary in cash lieu of leave servant and leave theGovernment utilised of to theprovisions rule 37. subject afterhis retirement duringleavepreparatory (c) In respect anyperiodof employment of he to retirement, shallearnleaveat the rateof 2% daysper month.

1 ,I 7
CHAPTER III Grant of and Return from Leeve 15. Application for lea,s.-Sny application for leaveor for extension of leave shall be made in Form I to the authority competentto grant leave. 16. LeaveAccomt.-A leaveaccountshall be maintainedin Form 2 for each Government servantby the Head of Ofiice or the Drawing Officer, as the casemay be. 17. Verification of title to leave.-{i) No leave shall be granted to a Govemmentservantuntil a report regardingits admissibility hasbeenobtained from the authority maintaining the leave account. (ii) (a) Where there is reason to believe that the obtaining of admissibility report will be unduly delayed,the authority competentto grant leavemay calculate, the basisof availableinformation,the amountof leave on admissible the Govemmentservantand issueprovisionalsanctionof leave to for a period not exeeeding days. 60 The grant of leaveunderthis sub-rule shall be subjectto verification by the authority maintaining the leaveaccountand a modified sanctionfor the period of leavemay be issuedwhere necessary. Note.-ln the case of leave preparatoryto retirement an undertaking for recovery of the leave salary, if any, paid in excessshall be taken from the Government senrant. 18. Leavenot to begrantedin certaincircwnstances.-Leave shall not be grantedto a Govemmentservantwhom a competentpunishingauthority hasdecided dismiss, to removeor prematurely retirefrom Govemmentservice. No leave shall be grantedwhen a personis'undersuspension. 19. Grant of le(ne on medical certifrcate.<i) An application for leave on medical certificate, made by a Government servant, shall be accompanied by a Medical Certificate in Form 3 given by an Authorised Medical Attendant or an Assistant Surgeonor above holding registerable qualificationsfor All India Register,defining asclearly as possiblethe nature and probabledurationofthe illness. (ii) A Medical Officer,shall not recommend grant of leave in any the casein which there appears be no rcasonableprospectthat the Government to sevantconcemedwill.ever be fit to resumehis duiies and in such case,the opinion that the Government servant is permanently unfit for Govemment service shall be recordedin the Medical Certificate.

t8l
(iiD the authority competentto grant leavemay, at its discretion secure a secondmedical opinion by requestinga GovernmentMedical Officer not to below the rank of a District Medical Officer/Civil Surgeon havethe applicant the earliestpossibledate. on medicallyexamined (iv) It shall be the duty ofthe GovemmentMedical Offrcer refened to an in sub-rule(iii) to express opinion both as regardsthe facts ofthe illness and for and as regardsthe necessityfor the amount of leave recommended that purposehe may eitheriequire the applicantto appearbefore himself or by beforea Medical Officer nominated himself. (v) the grant of medical certificateunder this nrle does not in itself any concerned right to leave,the medical conf,er uponthe Govemmentservant shall be forwardedto the authority competentto grant leave and certificate orders of that authority awaited. (vi) the authoritycompetenttograntleavemay, in its discretion,waive productionof a medicalcertificatein caseof an applicationfor leavefor a the periodnot however,exceeding thrcedaysat a time. Suchleaveshallnot however be treatedas leave on medical certificateand shall be debited againstleave otherthan leaveon medicalgrounds. who is unlikely to befit to return to sem'ant 20. Lesve to Government (a) Whenamedicalauthorityhasreported thatthereis no reasonable duty.l\ prospectthat the Governmentservantwill ever be fit to retum to duty, leave be shall not necessarily refusedto such Govemmentservant. to (b) The leavemay be granted,if due,by authoritycompetent grant leaveon the following conditions:(i) If the medical authority is unable to say with certainty that the Govemmentservantwill never again be fit for service,leave not exceeding twelve monthsin all may be grantedand suchleaveshall without further reference a medicalauthority. to not be extended (ii) If a Governmentservantis declaredby a medical authority to be incapacitated further service,leave for completelyandpermanently or an extensionofleave be grantedto him after the report ofthe medicalauthority hasbeenreceived,providedthe amountof leave as debitedto the leave account,togetherwith any periodsof duty beyond the date of the report of the medical authority does not exceedsix months.

t9l

'i
\

(2) A Govemment servant who is declaredby a medical authority to incapacitated further serviceshall :for be completelyand permanently (a) If he is on duty, be invalidedfor servicefrom the dateof relief of without delay on receipt,of his duties,which shouldbe arranged the reportof the medicalauthority;if however,he is grantedleave undersub-rule(i) he shall be invalidedfrom serviceon the expiry ofsuch leave. (b) if he is alreadyon leave,be invalidedfrom serviceon the expiry of that leaveor extension ofleave, ifany, grantedto him under subrule (i). and 21. Commencement termination of leave.-Except as provided in rule 22,leave ordinarily beginson the day on which the transferof charge on is effectedor a report of departure leaveis submittedand endson the day preceding or'a reportofjoining the duties that on which the chargeis resumed is submitted. 22. Combinationof holidayswith leave,{..i) Prefixing and suffrxing holidays to leave other than leave on medical certificate,shall be allowed permissionfor wherefor administrative reasons automaticallyexceptin cases prefixing and suffrxingholidaysto leaveis specificallywithheld.In the caseof leave on medical certificate, if the day on which an employeeis certified to medically frt for rejoining duty happens be a holiday, he shall be automatically to suffrx such holiday(s)to his medical leaveand such day(s) shall allowed not be countedas leave. (ii) For purposes sub-rule(i) abovethe term "holiday" shall mean of Offrcesremainclosedfor transaction of suchholidayson which Government public business without reserveor qualification.It shall not includerestricted holidays. (iii) Unlessthe authoritycompetent grant leavein any caseotherwise, to directs,(a) If holidays are prefixed to leave,the leaveand any consequent re-arrangementof pay and allowancestakes effect from the day after the holidays; and (b) If holidays are suffixed to leave, the leave is treated as having terminated and any consequentre-arrangementof pay and allowancestakes effect from the day on which the leave would haveendedifholidavs had not beensu{Iixed.

ll0l
23. Recall to duty before expiry of leave.-A Government servant recalledto duty beforethe expiry of his leaveshall be entitledto :(a) If the leavefrom which he is recalledis in Indi4 to be treatedason duty from the dateon which he startsfor the stationto which he is ordered.and to draw :(i) travelling allowance equal to the amount admissiblefor the journey on tour ; and (iD leavesalary,untill hejoins his post,atthe samerateat which he would have drawn it but for recall to duW. (b) If the leavefrom which he is recalledis out of India, to count the of time spent thevoyage Indiaasduty for purposes calculating on to leave.andto receive:-

(i) leavesalary,duringthe voyageto India and for the periodfrom

the date of landing in India to the dateofjoining the post, at the same rateat which he would have drawn it but for recall to duty ;

(ii) a free passage India ; and to

(iiD travelling allowance,undersub-rule(a) (i) for travel from the

placeof landing in India to the placeof duty.

24. Returnfrom leave.-A Govemmentservanton leaveshall not retum to duty :(D beforethe expiry of the period of leayegrantedto him unless he is permittedto do so hy the authority which granted him leave;

(iD totwi(hstanding anything contaipedin sub-rule (), a

Govemmentservant leavepreparatory retirementshdll be on to precluded from returning to duty savewith the consentof the authority competentto appoint him to the post from which he proceededon leave preparatoryto retirement ; and

(iiD a Govemmentservantwhohastakenleaveon medicalcertificate

may not return to duty until he has produced a medical certificate of fitness in Form 4 from an AuthorisedMedical

[ 1l ] Affendantor anAssistant or Surgeon aboveholdingregisterable qualifications All IndiaRegister theDistrictMedicalOfficer for or or a MedicalOfficer of equivalent higherstatus or orthe Medical of Superintendent the hospitalconcerned. Note I.A Governmentservantwho has beensuffering from tuberculosis may be allowed to resumeduty on the basisof fitness certificate light work for him. which recommended

if Note 2.- In the caseof leaveon medicalcertificates, the day on which an to employeeis certifiedmedicallyfit for rejoining duty happens be a holidayhe shallbe automatically allowedto suffix suchhoiiday(s) as to his medicalleaveandsuchday(s)shallnot be counted leave. 25. Absence after expiryof leave.ll) Unlesstheauthoritycompetent to grant leave extendsthe leave a Governmentservantwho remainsabsent after the end of leave is entitledto no leavesalaryfor the period of such absence that periodshall be debitedagainsthis leaveaccountasthough it and were half-payleave,to the extentsuchleaveis due,the periodin excess of suchleavedue being treatedasextraordinaryleave. (2) Wilful absencefrom duty after the expiry of leave rendersa. Government servant liableto disciplinary action. tException 1.-Whenevera Govemment servant detained theroad is on owing to its beingblockedby land slips,snowetc.,he may be treated on as, periodof unavoidable duty duringthe detention, will be entitled,until he but rejoinshis appointment, draw leaveallowances. to The aboveconcessions not apply in cases will ofoverstayalofcasual leaveor quarantine leavesuchleavenot recognised leave. to This shallbe deemed havecomeinto force from l-l-lg7g. tException2.-Whenever a Governmentservant,on his retum from leave (other than casualleave or quarantineleave) is detainedowing to cancellation air flight dueto badweatheror otherwise,. m'aybe treatedas of he dutyfor theperiodof un-avoidable detention, subject a maximumof two to on days.For the periodof enforced halt, he will be entitleduntil he rejoinshis appointment, draw leaveallowances to only.

I . Inseftedvide FinanceDepartmentNotification SRO-547dated:26-09-1979.

t 12l
CHAPTER IV Kinds of leavedue and admissible Servants serving in a Department 26. Earned leave for Government who is servservant other than VacationDeparhnent.{a) (i) A Government shall be entitledto 30 otherthan a VacationDepartment ing in a Department year. dayseamedleavein a calendar (ii) The leaveaccountof every Governmentservantshall be credited at the commencement eachcalendarhalf year at a uniform rate of I 5 days of eachon the first Januaryand July every year. (iii) The credit affordedunder clause(ii) aboveshallbe reduced by periodof extraordinary leave/dies availedof during the non 1/l0th of the previous to half year,subject a maximumof 15 days. (b) (i) The leaveat the credit of a Govemmentservantat the closeof to halfyear shallbe carriedforwardto the nexthalfyear subject the previous the conditionthat the leaveso carriedforward plus the credit for the half year the do not exceed maximumlimit of 180days: r"Provided that,with effect from 0l-01-1988,the maximumlimit for of accumulation eamedleaveshallbe 240 days". 2(i)"Provided thatwith effectfrom 0l-07-1997themaximumlimit for of leaveshallbe 300 days". accumulation earned (ii) If a Government is servant on leaveon the lastday of any particular year,he shall be entitledto eamedleavecreditedon the first half of a calendar half year provided authority competent grant leave has of the succeeding to will returnto duty on its expiry. reasons believethatthe Government to servant (iii) The creditfor the half yearin which a Govemment servant due is to retire or resignsfrom the serviceshall be afforded only at the rate of 2t/z daysper completed calendar monthup to the dateof retirement resignation. or (iv) Whena Govemment servant removed dismissed is or from service or dieswhile in service, creditof eamedleaveshallbe allowedat the rateof 2Yz daysper completedcalendar monthup to the end of the month preceding the monthin which he is removed dismissed or from service diesin service. or
lnsertedvide F. D. Notification SRO-202dated: l4-06-1990. Inserted vide F. D. Notification SRO-124dated: l7-04-1998.

t 13 l
(v) When a Govemmentservantis appointedduring the courseof a calendarhalf-yearthe eamedleaveshouldbe creditedto his leaveaccountat the rate of 2% daysfor eachcompletedmonth of servicewhich he is likely For half-yearin which he is appointed. examplehe is to renderin the calendar appointedon l3th March the numberof completedmonthsof his servicein days roundedto 8 that half year will be 3 and the credit will be 3x512=7/z days. (vi) While affording credit of earnedleavefractions of a day will be day. roundedoffto the nearest '(vii) Notwithstanding (i) in the anything contained sub-clause above, procedure creditingeamedleavew.e.f.0l-01-1991shallbe as under:for (A) In caseof employees, havingat their credit earnedleaveof 225 July of a year, eamedleave of 15 days or days or less on Ist JanuaryAst or prcportionately less in respectof retiring persons thoseleaving service as to in duringthe nexthalf yearshallcontinue be credited advance laid down above. (B) In cases July wherethe earnedleaveat credit ason Ist January/Ist is 240 daysor lessbut morethan225days,creditof eamedleavefor l5 days and first adjustedagainstany eamedleavethat the shall be kept, separately Governmentservantmay takeduringthe ensuinghalf year andthe balance,if leaveaccount the closeofthe halfyear subject to at any credited the earned to the ceiling of 240 days laid down above.If the earnedleavetaken during the half year is morethan 15 days,the amountin excess 15 daysshall be of debitedto the leaveaccount. (c) (l) A period spent in foreign serviceshall count as duty for purposesof this rule if contribution towards leave salary is received on accountof such period. (2) Subject to the provisionsofrule 8 and sub-clauses (i) and (b) (a) I(i) of this rule, the maximumearned leavethat may be grantedat a time shall be 120days.

l. Inserted videSRO-230 dated:26-07-1991.

t14l
27. Earned leave personsservingin VacationDepartments.-\l) for shall not be entitled A Govemmentservantservingin a VacationDepartment duty performedin any year in which he to any earnedleave in respectof availedhimselfof the full vacation. (2) (a) In respectof any year in which a Govemmentservantavails himselfof a portion of the vacationhe shall be entitledto eamedleavein of30 daysasthe numberofdays ofvacationnot takenbears suchproportion to the full vacation: to Providedthat no suchleaveshall be admissible a Governmentservof employ in respect the employ or quasi:permanent ant not in permanent first year of his service. doesnot avail himselfof servant (b) If in any year,the Govemment of to admissible him in respect that year any vacationearnedleaveshall be underrule 26. -For the purposes this rule,the term "Year" shallbe of Explanation but year in which duty is performed as not construed as meaninga calendar twelvemonthsof actualduty in a VacationDepartment. meaning to servantentitledto vacationshall be considered Note l.-A Government haveavailedhimselfof a vacationor a portionof a vacationunless or he hasbeenrequiredby general specialorderofa higherauthority to forego suchvacationor portion ofa vacation : by Providedthat ifhe hasbeenprevented such order from enjoying to he morethanfifteendaysof the vacation shallbe considered haveavailed himselfof no portionof the vacation. Note 2.-When a Govemmentservantserving in a VacationDepartment a proceeds leavebeforecompleting fullyear of duty the earned on not to to leaveadmissible hirn shallbe calculated with reference the before which fall duringthe periodof actualduty rendered vacations proceeding leave but with reference the vacations to that fall on from the dateon which he completed duringthe yearcommencing yearofduty. the previous 'Note -1.-Notwithstanding anything containedin this Rule, a Government (andentitledto enjoy servantbelongingto a VacationDepartment regularvacation)ifdetainedon duty duringany vacationor portion
vide SRO-471dated: 30-l l-1989. l. Inserted

t15l
of vacation, connection in with Invigilation/Supervision/Evaluation of papers, relatingto any examination conductedby.agyJnstitute/ Boardfuniversity etc. and for which he is paid remunlation on prescribed rates,shall not be allowedany earnedleavefor such periodof vacation. However,suchGovemment servants can opt to surrender amount remuneration the of prescribed admissible and for suchassignment in lieu thereofhavethe periodof such and vacation/portion thereofto be allowedto countfor eamedleave underthe provisions this rule. of (3) Vacationmay be takenin cornbination with or in continuation of anykind of leave admissible under these rules: Provided that the total durationofvacation and earned leavetaken in conjunction, whetherthe earned leaveis takenin combination with or in continuation other leaveor not, shall not exceed amountof earned of the leave due and adrnissible the Government to servantat a time under rule 26 : Provided furtherrhatthe lirnitation prescribed aboveshall not apply rvhenvacation, earned leave andcommuted leave takenin coniunction. are 127-A. A Government servant whetherin a VacationDepartment or in a non-Vacation Department be allowedto havethe periodofjoining will time which he rnaynot haveavailedon transferfrom one stationto another either under the orc'lers the competent of authority or of his own accord, credited his earned to leave account. 28. HoApc,yleave.-\1) (a) A Govemment servant shallbe entitled to half pay leaveof 20 daysin respect eachcompleted of year of service. (b) The leavedueunderclause may be granted medicalcertificate (a) on privateaffairs : or on Providedthat in the caseof a Government servantnot in permanent employor quasi-permanent employ,no half pay leavemay be granted unless v the authorit competent grantleavecertifiesthat the post from which the to official proceeds leaveis likely to continue on evenbeyond dateof endof the his leaveandthat authorityhasreason believethat the Governmentservant to will return to duty on its expiry exceptin the caseof a Governmentservant who hasbeendeclaredcompletefyand permanently incapacitated funther for service a MedicalAuthority. by I . lnserted F. D. Notification vide SRO-401 dated I g-0g: 19g4.

l 16l
(2) If a Government servant is on leave on the day on which he completesa year of service,he shall be entitled to half pay leave without having to retum to dnty. 29. Commuted Leave.l\ Commutedleave not exceedinghalf the amount of half-pay leave due may be granted on medical certificate to a Governmint servantsubjectto the following conditions:(a) the authority competentto grant leave is satisfied that there is reasonableprospect of the Government servant retuming to duty certificate as required under on its expiry and recordsnecessary proviso to sub-rule (b) of rule 28 in the case of temporary Government servants ; (b) (c) when commutedleaveis granted,twice the amountof such leave shall be debitedagainstthe half-pay leavedue ; and half-pay leaveup to a maximumof 180daysshall be allowed to be commutedduringthe entireservicewheresuchleaveis utilized for an approvedcourseof study i.e. a coursewhich is certifiedto be in authority : the public interestby the leavesanctioning Providedthat no suchcommutationshallbe allowedto a Govemment of servantwho is allowed study leavefor prosecuting a courseof studY. (2) Where a Govemment servant who has been granted commuted leave resignsfrom serviceor at his requestis permittedto retire volunurily withotrt returning to duty, the commuted leave shall be treated as half-pay leave artd 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 reasonof ill-health incapacitatingthe Governmentservantfor further service or in the eventof his death. Note.-lommuted leave may be grantedat the requestof the Government servantevenwhen earnedleaveis due to him. tGovernmentinstructions : servantis certifiedmedically fit for joining duty, When a Government the holidays if any succeeding day he is so certified (including that day) shall automaticallybeallowedtobe suffixedtothe leaveandholidaysifany, preceding the day on which he is certified to be fit shall be treatedas part of leave.
l. Inserted vide F. D. NotificationSRO-229 dated: 05-06-1982.

lr7l
30. Leave not due.--(l) Save in the case of leave preparatory to retirementleavenot due may be grantedio a Govemmentservantin permanent employ subjectto the following conditions:employ or quasi-permanent (a) the authority competentto grant leave is satisfied that there is prospect of the Govemment servantreturning to duty on its reasonable expiry; (b) leavenot due shall be limited to the half-pay leavehe is likely to earn thereafter ; shallbe limitedto a mar<imum (c) leavenot dueduringtheentireservice of 360 days,out of which not morethan 90 daysat a time and 180 daysin all may be allowed othenvisethan on medicalcertificate; and (d) leave not due shall be debited against the half pay leave the Government servantmay eam subsequently. Note.-A is Governmentservantwhose period of suspension treatedas leave "Leave not due" kind duecannotbe allowedthe benefitof whatever for the whole or a part of the period of suspension.

(2) (a) Where a Governmentservantwho has beenganted leavenot due, resign from serviceor is at his requestpermittedto retire voluntarily his without retumingto duty , the leavenot dueshallbe cancelled, resigningor retirementtaking effect from the dateon which such leavehad commenced, and the leavesalaryshall be recovered. (b) Wherea Govemmentservantwho having availedhimself of leave not due returns to duty but resigns or retires from service before he has earnedsuchleavehe shall be liable to refundthe leavesalaryto the extentthe : leavehasnot beenearnedsubsequently Provided that no leave salary shall be recoveredunder clause(a) or clause (b) if the retirementis by reasonof ill-health incapacitatingthe Govemmentservantfor f.rrtherserviceor in the eventof his death or in the underArticle 226 (2) ofthe J&K eventof his having beenretiredprematurely Civil ServiceRegulations. 31. Notwitltstandinganythingcontainedin rule 30 (I)--"Leave not due" may be granted to temporary Government servant who are suffering 360 from T. B., Leprosy,Canceror Mental illness,for a periodnot exceeding (a), daysduring entireservicesubjectto the fulfilment of conditionsin clauses (b) and (d) of sub-rule(l) of rule 3Qand also subjectto the following further conditions:-

(Dthat the Governmentservanthas put in a minimum of one year's

service;

llsl
(iD that the post from which the Govemment servant proceedson leave is likely to last evenbeyondthe dateof his returnto duty ; and (iii) the request for grant of such leave is supportedby a medical certificate as envisaged in Note below sub-clause of sub-rule (2) of (c) rule32. 32. Extraordinaryleave.*fl) Extraordinaryleavemay be grantedto a Governmentservantin specia!circumstances :(a) when no other leaveis admissible; (b) when other leaveis admissible the Govemmentservantapplies but in writing for the grant of extraordinaryleave. (2) Unlessthe Government in view of the exceptionalcircumstancs of the case otherwise determines,no Govemment servant who is not in permanent employor quasi-permanent employ,shallbe granteiiextraordinary leaveon any one.occasion excess the following limits :in of (a) up to to threemonthsrvithout a medicalcertificate; (b) up to six months where the Govemmentservanthas completed one year's continuousserviceon the dateofexpiry ofleave ofthe kind due and admissibleunder the rules including three months extraordinaryleaveunderclause(a) and his requestfor suchlea:ve is supportedby a medical certificate for common ailments as requiredby theserules ; and (c) Up to 18 months on medical certificate where the Govemmenr servantwho has completedone year's continuousservice is undergoingtreatment,for canceror any other diseasewhich is certified by the Director Health Servicesor principal Medical College as life consuming,or for mental illness, pulmonary tuberculosis pleurisyor tubercular or origin, tuberculosis any of part ofthe body and leprosy. Note l.-For grant of leaveundersub-rule(c) a Govemmentservantshould producda medical certificatefrom the Medical superintendent of the Institution recognised treatnent of the disease for from which he is sufferingor from a specialist suchdisease in ofthe rank of an AssociateProfessorof a Medical Coliegebr, equivalentto him, or abovehim. The medical'authorityissulngthe certificate will inter alia eertify that the covernment servantis uniler his heatment or is under treatmentin the Institution and has reasonable chancesof recoveryon the expiry of the leaverecommended.

llel
tNote Temporary 2.B.sc.teachers service theschoolDepartnent in in who mayintend undergo private to as ca'didates Sc.course/ M. M.A. in Mathematics allowedby the Ad.rinistrative be Departrnent lcave withotitalrowanges exceeding 'ronthsbutnotbeyond period 3 a of two yearsprovided thereis dearth ofpost-graduate teachers that in subject. Aequisition ofpost-graduate quatiicat6* uvii* will not however entitiethemto anyhigher grade payotherthanwhatis or admissible thenormal in course uncJer rules. (d) Twenty-fourmonths, where leaveis required thepurpose thc for ofprosecuting.studies certified bein thepu-blic to interes! provided the Government servant concerned completed has threeyears continuous service thedateofcxpiry ofleive ofthe kind due on and admissibre undertheserures,incruding threemonths exfraordinary leave under clause (a). '(e) Thewivesof defence services personner may be serving who in civil services temporary in capacity beailoweiextaordinary may leave withoutailowances to a period six (6) months atime up of at duringtheperiod theirhusbands remain posted familystations io other thantheonewhere theirwivesmaybeservir.lg. concemed The will rejointheirduties soon aftertheirhusbands posted non_ aie to family stations/operational or within six months areas from the date ofproceeding reave on whichever earrier. factofposting is The at a family station andthe perioci suchpostingshafi-be of go'i certifiedfrom tle concerned Army quaners. (3) (a) whereaGovemment servant granted is exhaordinary leave in relaxation theprovisions of contained clause of suu-rulp heshallbe in (2) 1o; requiredto execute bond in FoqmNo. 5 undertaking ietrna a to to.the Govemment actualarnount expenditure the of incurred ttreGovernrnent uy such leave plusthaiincurred a'y oth.r agrncy by with interest thereon 9uTng in theevent hisnotreturning dutyontheexpiryof suchleave quitting of to or theservice b.efore periodof 3 years a afterretuinio duty. (b) The bond shail be supported sureties by from two.permanent Government servants having status a comparable orhigherthan to that of the Govemment servant. (4) Two spells ofextraordinary reave, intervened-orexraordinary if by anyotherkind df leave, shallbetreated onecontinuous as speu leavefor thepurpose sub-rule of (2)
2. Inserted F. D. Notification vide SRO{14 dated l3_l l_1929 :
vide:F. NotificationSRO-276 D. t . Inserted dated: 0g_07_19g2

[20] (5) The authority competent to grant leave may commute without leave into extraordinary leave' renospeciively periods of absence (a) A 33. Leave to a probationer qnd a person on probation{l) hasheld his post probationei shall be entiiled to leaveundertheserules as if he substantively otherwise than on probation' (b)Ifforanyrealion'itisproposedtoterminatetheservicesofd :probationer any leave which may be grantedto him shall not extend (i) beyond the date on which the probationary period as alrcady or or sanctioned extendedexPires, (ii)beyondanyearlierdateonwhichhisservicesaretermindedb/the ord"o of an authority competentto appoint him' (2)Apersonappointedtoapostonprobationshallbechtitledtoleave servant under these rules as a temporary or a perrnanentGovernmetlt permartrnt post : according as his appointment is againsta temporary or a Providedthatwheresuchpersonalreadyholdralienorrapenna'Fnt thesentbs is he postbeforesuchappoinfinent, .ttutt u. entitledto leaveunder Govemmentservanl a permanent 34.Personre-employedafierretir$ment.-tnthecacofeperson fpply as if he re-employedafter retirementihe provisionsof thesetules skill the first tilfie on fre dattl of his re' had entered Government servici for emplcyment. 35.Leavepreparatorytoretirement.li)AGovffitentserva.fitmay permitted by the competentadrority to t*t leaveprcp*atory to retirement be wlth half to the extent of earnedleave due, not exceedln9240 days,together up to and puy t.uu. due, subject to tfie condition that such leave exten& includes the day precediagthe date of retirement' not include Note.-Tlteleave grantedas leave preparatoryto retiremerf shall extraordinarYleave. 36. Leave beyondthe date of retirement or quitting of,service.-(l) a Govemment Except as provided hereinafter,.no leave shall be $anted to servantbeYond:(a) the date of his retirement or (b) the date of his final cessationofduties, or

[ 2 1] or Government he (c) the dateon whichhe retiresby gving noticeto in lieu of oipay andallowances is retiredby Gou.rn n"niiy gi"ing t'it notitt suchnotice,inaccordanc"tnitftthetetmtandconditionsofhisservice'or from service' (d) ttredateof his resignation leave mayavai!in fult or in parttheeamed servant (2) A Govemment athiscrditsubjecttou'n*i*o*of''300daysprep.aratorytohisretirement. or wherethe 1"."*i u"uils of onryiari or suctrreave where a Government to him, he will be is refirsed leavepreparato.y,o,.Jr.riliiif uppliedby i,im at i"t iri. .u-l,a leavethatremains his credit J;fti allowedthebenefits on the dateof retirement' (3)AGovernmentservantwhoretiresfromserviceonatiainingthe eligiblefor thebenefit shall wrrili unJeisuspension become ageof retirement wasat his crediton thedate buu. that i";;;;t;i;i,",.d equivalent of cash ofhisretirement,calculatedinthemannerprescribedinrule26onconclusion him in if the authoritycomggteltto reinstate .g;il-hi. of the proceedings unjustified. was ."r"ir" t ofasthaittresuspension wholly in has servant beenextended (4) Wherethe serviceof a Govemment may be granted ttre aateof his retirementhe ;;;; the public interests :in as ,utnta leave prescribed rule26 asfollows of due leave inrespect earned (a) duringtheperiodofextension'any the necessary, earned and ;isuch extension to theextent theperiod leavewhichwasathiscreditonthedateofhisattainingageof and retirement; be allowedin he (b) afterthe expiryof the periodof extension may for salary theunof equivalent leave ,"ilh accorOanc" rule3f cash leavewhich wasat his out of ihe eamed utilisedp.rioJ of leave plus the retirement, credit on ,ir" aur" of his attainingthe ageof_ unutilisedperiodoutoftheearnedleave,thatheearnedduringthe of t300days to subject overall maximum periodof extension applies (c) whomclause of sub-rule-(l) servantto (5)(i) A Govemment maybegrantedleavedueandadmissibletohim.whichmayextendbeyondthe dateonwhichheretiresorisretiredfromservice,butnotextendingbeyond : the dateof retirement ProvidedthataGovernmentservantwhoisretiredbyGovemmentby within the leave in givinghim payandallowances lieu of noticemayapplyfor heis granted weregivenandwhere periodfor whichsuchpayandallowances stratlbe allowedonly for theperiodof leaveexcluding the leave, teavesatary havebeenallowed. in thutperioofor whicipay andallowances lieu of notice
l.SubstitutedvideF.D.NotificationSRo-l24dated:17.4-gSanddcemedtohavecome into effectfrom 0147'1997'

L22J
(ii) Theleave salary allowances maybedueunder above and as (i) will bepaidin lumpsumasonetimesettlement. (6) (i) where the serviceof a Government servant in permanent not employ terminated notice onpayment is by or ofpay andallowances lieuof in notice,or otherwise accordance-with termsand conditions his in the of appointnent, maybegranted he eamed leave hiscredi! subject a maximum to to of1300dayseventhoughsuchreave extends beyond iate on which he the ceases be in service. the Government to If seruant himselfresignor quits service, maybegranted he earned leave theextent to ofhalf suchleave, his to credit subject a maximum '150days: to of Provided the reave granted suchGovemment that so to servant other thana Govemment servant re-employed thedateof retirement after doesnot extend beyond dateof his retirement. the (ii) The amountequivalent leavesalaryand allowances, to if any, admissible during such reave shallbepaidin rump sumasonetimesettrement. 37' cash in lieu.ofreave s*ary.l l) A Government servant may be paidcash equivalent leave of salary respect period eamed in of of teave tris at creditat the timeof retirement superannuation. on (2) Thisconcession besubject thefoilowing wil to cpnditions :(i) thepayment cash of equivalent leave of salary shallbelimited to a maximum 2240 of daysof earned leave; 3"provided with that effectfrom 0r-07-lgg7the payment of cash equivalent reave of sarary berimited a maximum sha[ to of 300daysof Eamed Leave,,. (ii) thecash equivarent reave of sarary admissibre become thus wiil payable retirement wi' bepaidin onerump on and sumasa one timesettlement; (iir) cash payment beequar reave wil to sarary admissibre eamed for leave dearness and atowance admissibre thereave on sarary at therates vogue thedate retirement. other in on of No arLwance like compensatory ailowance, Borderailowance, Muffasil alrowance, House allowance, anyothir atowance rent or wirl beadmissible-as of leave part salary ;
l. Substituted F. D. NotificationSRO-124 vide dated: l?4_1998 and shall be deemcd to havc come into cffcct from 0147-1992 read with conigcndum No.- elqist)-S:6_A datcd : I 7-04-I 998. 2. substitutedvide F. D. Notification sRo_202 datcd : 14_06_190. 3. Inserted vide F. D. Notification SRO-124 dated: l7-04-1998.

123 l
(iv) the authorify competentto grant leave shall suo moto issue order grantingcashequivalentof eamedleaveat credit on the dateof retirement; and '(v) the authoritycompetent grant leavemay withhold whole or to part of cash equivalentof earnedleave in the case of a Govemmentservantwho retiresfrom serviceon attainingthe while undersuspension while disciplinary or ageof retirement him, if in view of are or criminalproceedings pendingagainst such authoritythere is possibilityof somemoney becoming against from him on conclusionof proceedings recoverable he eligibleto him on conclusion proceedings, will become of of the amountso withheld. after adiustment Governmentdues. if any. (l) (3) The benefitof sub-rules and(2) abovewill not be applicable in :the followingcases (a) premature/voluntary retirementunderarticle 226 (2) or 226 (3) andArticle 230 of the J & K Civil Services Regulations or any othercorresponding rule ; and

(b) personswho are compulsorilyretired as a measureof punishment. 2Benefit cash in lieu of earnedleave to Government servantswho of retire voluntarilv. '(4) Notwithstanding provisions the in contained sub-rule(3) above who may seekvoluntaryretirement after 1-4- 1982under Government servants shall be article 230 of the Jammuand KashmirCivil ServiceRegulations, in respectof the period allowed the benefitof cashequivalentof leavesalary of earnedleave at credit at the time of voluntary retirementsubjectto a maximum of 1240days, in the samemanneras is admissiblein respectof retirements superannuation. on a(5) The benefitof sub-rules and (2) aboveshall be availableto the (l) Govemmentservants VacationDepartment of also in respectof any amount of eamedleaveeamedby them in termsof the provisionsof Rule 27. Pendingcases ifany shall be decidedaccordingly.
l

vide F. D. Notification SRO-I30 darcd : 06-04-1984. Substituted

2. Inscrtcdvide F. D. Notification SRO-I07 datcd : 30-3-1982. vide F. D. Notification SRO-202dated : 14-06-1990. 3 . Substituted 4 . Inscrted vide F. D. NotificationSRO-{71dated: 30-ll-1989.

124 ) '(6) Notwithstandinganythingcontained sub-rule(3), the benefitof in the also(besides (l) sub-rules and(2) shall be availablein the following cases casescoveredunder sub-rule(4) : (a) by is where aGovemmentservant declared, aMedical authority, and permanently incapacitatedfor further to be completely service.

(b) Where a Government servant is retired from service by the Government, under Article 226(2) or 226(3) of Jammu and Regulations. KashmirCivil Service (c) where a Govemmentservantis compulsorilyretiredasmeasure of penalty,undertheprovisionsofRule 30 of JammuandKashmir Control and Appeal) Rules, 1956 Civil Service(Classification, and the disciplinaryauthorityhasnot imposedany reductionin the amountof his pension(including gratuity). of 37-A. The benefitof encashment eamedleaveat credit on the date shallbe allowedto suchofthe re-employed ageof superannuation of attaining comesto an end on attaining age of pensioners also, whose re-employment post,but the leavesalaryin suchcases for prescribed the civil superannuation shall be calculatedon the pay drawn by him exclusiveof the pensionand pensionequivalentof otherretirementbenefits. In casesuch a re-employedpensioneris allowed extensionof rehe employmentbeyondthe ageof attainingsuperannuation, may be allowed of the above benefit of encashment leave on the date of final cessationof of in or serviceon expiry of extension re-employment respect eamedleaveat duringthe period plusearned leave,earned crediton the dateofsuperannuation leaveavailedof during such by earned reduced or of extension re-employment to period,subject a maximumof 2300days' 38. In casea Governmentservantdies while in servicethe cash would havegot had employee equivalentof the leavesalarythat the deceased to he gone on earnedleavethat would havebeendue and admissible him but for the deathon the dateimmediatelyfollowing the deathand in any case,not 1300days,shall be paid to his family without any exceedingleavesalaryfor reduction on accountof pensionequivalentof D. C. R. gratuity or family pensionetc.
to and dated: 17-04-1998 shall be deemcd have vide F. D. NotificationSRO-124 2 Substituted
J

dated: l4-06'1990' vide F. D. NotificationSRO-202 Inserted

come into effect from 0l-04-1997. dated: 19-05-2005. vide F. D. NotificationSRO-146 Substituted

I2s I
Note l.-ln addition to the cashequivalentof leave salaryadmissibleunder this rule the family of the deceased Govemmentservantshall alsobe entitled to the paymentof dearness allowanceonly on the leave sdary. Note 2.--:fhe provisions of rule 38 are also applicable to re-employed pensioners respectol'leave eamedby them during the period of in The re-employment. leavesalaryshallbe payableequalto pay drawn during the period of re-employment(exclusiveof pensionand pensionequivalentof gratuity). rGovernment Instruction : Payment of cash equivalent of leave salary in case of death etc. of a Governmentservant.-ln the event of the death of a Governmentservant or of while in serviceor after retirement after final cessation dqtiesbut before actualreceiptof the cashequivalentof leavesalarypayableunder leaverules (Rules37,37-A and38) suchamountshallbe payable:(i) to the widow and if there are more widows than one, to the was eldestsurvivingwidow if the deceased a maleGovemment was a female servant,or to the husband,if the deceased Govemmentservant. "eldestsurvivingwidow" shall be construed Explanation.'-The expression with referenceto the seniority according to the date of to marriages the surviving widows and not with reference of their ages. (iD failing a widow or husband,as the casemay be to the eldest surviving son or an adoptedson. (iiD failing (i) and (ii) above to the eldest surviving un-married daughter. (iv) failing (i) to (iii) above theeldest to survivingwidoweddaughter. (v) failing (i) to (iv) aboveto the father. (vi) failing (i) to (v) aboveto the mother.' (vii) failing (i) to (vi) aboveto theeldestsurvivingbrotherbelowthe ageofeighteen years. (viii) failing (i) to (vii) aboveto the eldestsurviving un-married sister ; and (ix) failing the aboveto the eldestsurviving sister.
vide SRO-I94 dated :21-05-1985. l. Inserted F. D. Notification

1,26 ) servant who proceeds eamed on 39. Leavesalary.< I ) A Govemment leave is entitled to leave salary equal to the pay drawn imrnediatelybefore proceeding earnedleave. on Note.-A Govemmentservantproceedingon eamedleave while in foreign will be allowedleavesalaryequalto pay which he would have service, drawn in his parentDepartmentbut for his deputationon foreign service. (2) A Governmentservanton "half pay leave" or "leave not due" is entitled to leave salaryequalto half the amountspecifiedin sub-rule(l) above. (3) A Govemment servanton commutedleave is entitled to leave (l). undersub-rule salaryequalto the amountadmissible (4) A Government leaveis not entitledto any servanton extraordinary leave salary. (5) A Govemment servant will not be permittedduring leave preparatcryto retirementto take up any other serviceor employmentunder any private employer,providedthat when a Govemmentservantis permittedto during such leave no take up service with a Public SectorUndertaking reduction leavesalaryshallbe effected. in (6) (a) If, in the caseof a Governmentservantwho retires,or resigns from the service,the leavealreadyavailedof is morethan the credit so due to adjustment shallbe madein respect leavesalary, any,over of if him necessary drawn. (b) Where the quantum of eamed leave already availed of by a servant who is dismissed removed or from serviceor who dies Govemment of while in serviceis in excess the leavecreditedunder rule 26, the over payment leavesalaryshallbe recovered suchcases. in of r"Frovidedthat the employees who retire after 01-04-2004, pay the Pay". sirallincludeDearness 40. Advanceof leavesalary.li) A Governmentservantincluding a proceeding leavefor a periodnot Government servant foreignservice, on on lessthan 30 daysmay be allowedan advance lieu of leavesalaryup to a in month'spay.
l. Inserted vide F. D. Notification SRO-207 dated:22-07-2005

t27 l
(ii) The amount of advanceshould be restrictedto the amount of for leave salarywith allowances the first month of leavethat may be clearly on duringleaveafterdeductions account servant to admissible the Government etc. so of advances of Income Tax, ProvidentFund, HouseRent, repayment that thereis no financial risk involved' (iii) The advanceshouldbe adjustedin full in the leave salary bill in cannotbe so adjusted ofthe leaveavailedof. In casewherethe advance respect paymentof pay or/and in iull, the balancewill be recoveredfrom the next leavesalary. by (iv) The advancemay be sanctioned the Drawing officer both in Officers. the caseof Gazeftedand Non-Gazetted by (v) Advanceto the Drawing officer will be sanctioned the Headof who are Headsof offices as well as the Drawing officers office. officers to may sanctionthe advances themselves. will be debitedto the Head of Account to (vi) The amountof advance of servantis debitedandthe adjustment which the pay etc.of the Government will be watchedthroughobjectionbook by the audit' the advance in (vii) Advanceshall be sanctioned whole rupees. on (viii) when a Govemmentservantproceeds leavefor more than a month from aboutthe middle of a month the advancein lieu of leave salary may be madeon the basisof leavesalarypayablefor one month of leavefrom of the date of commencement the leave. (ix) Paymentof advanceto Govemmentservantson foreign service, shallbepaidby theforeignemployer, who availsof leaveduringforeignservice will be claimed from the parent Departmentof the and its reimbursement for Governmentservantresponsible drawing leavesalaryof the official, duly The amount from the Govemmentservant. obtained by cashreceipts supported employerwill be remitted by a bank draft. If it is of advanceto the foreign alreadypaid by the foreign employeris more than the found that the advance underthe rules,the concemedDepartmentshould correctamountadmissible reimburseonly the correct amountand ask the foreign employerto recover servantdirect. the balanceform the Governmeint 40-A. The leavesalarypayableundertheserules shall be drawn in in rupees India.

[28] CHAPIER_V Special kinds of leave (other than study leave). servantwith less A femaleGovernment Maternity tene.l\ grantedmatemity leaveby the authority than two surviving children may be to competent grant leavefor a period which may extendup to 135days from During such period, she shall be paid leave the date of its commencement. on salaryequalto the pay drawn immediatelybeforeproceeding leave. (2) Matemity leavenot exceedingsix weeksmay also be grantedto a female Govemmentservant(inespectiveof numberof surviving children) in including abortionon productionof medicalcertificateas caseof miscarriage laid down in Rule 19. (3) A male Govemmentservant(including an apprentice)with less than two surviving childrenmay be grantedpatemity leavefor a period of l5 days during the confinementof his wife. During the period of such leave,he beforeproceeding shallbe paidleavesalaryequalto thepay drawnimmediately the and may on leave.Patemityleaveshallnot be debitedagainst leaveaccount (as in the caseof Maternity leave). be combinedwith any otherkind of leave It may not normally be refusedunder any ciroumstances. Providedthat a femaleGovemmentservantin whosecasethe periodof days of Maternity leave has not expired on the date of issue of this 96 notification,shall alsobe entitledto the Maternity leaveof 135days,similarly patemrtyleaveto a male Government employeemay also be allowed in case his wife had given birth to a child on a datenot prior to 135daysfrom the date of issueof theseorders. provisionsshall be effectiveprospectively. . The aforementioned (4) Leavein furthercontinuation leavegrantedundersub-clause (3) or above may also be granted in caseof illness of newly bom baby, subject to productionof medicalcertificateto the effect, that the condition of the ailing baby wanants mother's personalattention and that her presence the baby's by side is absolutelynecessary. (5) Matemity leave shall not be debited againstleave account.. 42. Special disability lenef<ir injury intentionally inJlicted.{l ) The authority competent to grant leave may grant special disability leave to a
L Recasted vidc SRo'IS dancd: 0l-02-1993 srd fudu datcd: 1744-199C. rccastvidc F. D. Norification SRGI24

r4l.

IzeI
Govemmentservant(whetherpermancnt quasi-permanent ortemporary) who is disabled by injury intentionally inflicted or causedin or in consequencc of of the due performance of his official duties or in consequence his official position. (2) Such leave shall not be granted unless the disability manifested itself within three months of the occunence to which it is atfibuted and Oe peron disabledactedwith due promptitudein bringing itto notice : Provided that the authority competent to grant leave may, if it is satisfiedas to the causeof the disability permit leave to be grantedin case where the disability manifesteditself more than thrree months after the occur'lence of its cause. (3) The period of leave grantedshall be such as is certified by an authorised Medical Attendantand shall in no cases exceed24 months. (4) Specialdisability leavemay be combinedwith leaveof any other kind. (5) Special disability leave may be grantedmore than once if the disability is aggravated re-produced similar circumstances a laterdate, or in at but not more than 24 monthsof suchleaveshall be grantedin consequence of any onedisability. (6) Specialdisability leaveshall be countedasduty in calculatingservice for pensionand shall not, exceptthe leave grantedunder the proviso to clause(b) of sub-rule(7) be debitedagainstthe leaveaccount. (7) Leavesalaryduring suchleaveshall :(a) for the first 120 days of any period of such leave including a periodof suchleavegrantedundersub-rule(5) be equalto leave salary while on eamedleave ; and

(b) for the remainingperiod of any such leaVe,be equal to leave salaryduring halfpay leave: Providedthat a Govemment servant may, at his option be allowed leave salary as in subrule (a) for a period not exceeding another 120 days and in that eventthe period ofsuch leaveshall be debitedto his halfpay leaveaccount. Note l.-Leave salary in respect of special disability leave granted to a Govemment servant who has renderedservice under more than one Govemment may be apportionedbetweenthe Governmentsin accordancewith the normal rule.

t30l
Act Note 2.-Inthe caseof a personto whom thc Workmen's Compensation appliesthe amountof leavesalarypayableunder this rufe shall be payableunderthe saidAct. by reduced the amountof compensation 43. Specialdisability lenefor accidentaliniury.<l) The provisions quasiwhetherpermanent, servant, of rule 42 shallapply alsoto a Government permanent temporarywho is disabledby injury accidentallyincuned in, or or of in consequence the due performanceof his official duties or in conseof quenceof his official position,or by illnessincurredin the performance any to illness or particular duty which has the effect of increasinghis liability injury beyondthe ordinary risk attachingto the civil post which he hold. to (2) The grantofspecialdisabilityleavein suchcaseshallbe subject ;the furtherconditions mustbecertifiedby a Medical (D thatthedisabilityif dueto disease of Board to be directly due to the performance the particular dutY ; (iD that if the Govemmentservanthas contractedsuch disability during service it must be in the opinion of the authority to competent sanctionleaveexceptionalin character; and by (iiD that the period of absence recommended Medical Board may be coveredin.partby leaveunderthis rule and in part by any otherkind of leave,andthat theamountof specialdisability on on leavegranted leavesalaryequalto that admissible earned leavrishall not exceed120 days. of of 44. Quarantineleave.l l) Where,in consequence the presence of referredto in sub-rule(2) in the family or household a an infectiousdisease or Govemmentservantat his placeof duty, residence sojoum,his attendance servants the hazardous'to healthof otherGovernment at his office is considered quardntine may be granted leave. suchGovernment servant (2) For the purposeof sub-rule(l) Cholera,Small-pox, Plague, as Diptheri4 Typhus,fever and cerebrospinalmeningitismay be considered as shallnot howeverbeconsidered an infectious disease, chicken-pox infectious disease unlessthe Medicil Officer or the HealthOfficer cbnsiderthat because of doubt ai the t*e riatureof the disease(for example small-pox) there is reasonfor the grant ofsuch lbave.(3) (a) Quarantine leavemay be grantedby the Headof the Office on 2l the certificateof a MedicalOfticer for a period not.exceeding daysor in exceptionalcircumstances days. 30

t 3ll
(b) Any leave necessary excessof this period shall be treated as in leave due and admissibleand shall be debitableto the leave accountof the Govemmentservant. (4) Quarantine leave,subjectto the maximum laid pown in the subin rule (3) may be grantedwhen necessary continuationof other leave. (5) A Govemmentservanton quarantineleave shall be treatedas on while he is on suchleave. shallbe appointett duty.No substitute 45. Casual leave.--4asual leave may be grantedto all Government or servantswho are on the permanentestablishment not, by the immediate for i5 Head of the office concemed a shortperiodnot exceeding daysin a year in aggregate. Governmentservanton casual leave is not treated as A absentfrom duty and his pay is not intermitted.Casualleave,howevermust not be given so as to causeevasionof the rules regarding:pay and allowances; l. Dateof reckoning 2. Charge office; of and 3. Commencement end of leave; 4. Returnto duty. 46. For purposes determiningtitle to casualleave,a calendar year of betweencasualleaves, shouldbe takenasthe base.Whereholidaysintervene theseshall not count as part of leave. Exception.-As the Police, Home Guard, Fire ServicePersonneland Warden staff of Jails have to remain on duty even on holidays and days of 20 leavenot exceeding daysin a festivities theyshallbe eligibleto availcasual grantofcasualleaveascontained yearin aggregate. Otherconditions regulating in theserules will applymutatismutandisto them. 47. ln the caseof persons employed shortperiodor a Govemment for to ofa servantwho is appointed a regularpostafter passage part ofthe year in respectof which casualleave is earned,the amountof casualleave shall be proportionate the periodof employmenti. e. in the sameproportionto | 5 to days as his period of servicein that year bearsto the whole year. shall be for half a day. If a Note.---The minimum short leave admissible Government servant applies for a short leaveof any duration up to 3 hours,half day's casualleaveshall be debitedto his casual accountand for leave beyond 3 hours on a working day full days casualleaveshall be debitedto his account.There is no objectionto the grant of half a day's casualleave in conjunction with full days casualleave.

[321
Halfa day's leave (casualor earnedleave ifno casualleave be due) for should be debited to the leave accountof a Governmentsetryant each late aftendance. The Head ofthe Office or the sanctioningauthority may, however, up condone late attendance to an hour as a special case,on not more than two occasions a month if he is satisfiedthat the Govemmentservantcould not in beyondhis control. In casesucha course attendthe offrce in time for reasons suitabledisciplinary action may be takeq doesnot ensurepunctualattendance, againsthabitual late comers,in addition to debiting of half a day's leaveto their account. at 48. The arnountof casualleavesanctioned any one time shouldnot l0 daysand in combinationwith holidays,the total period of absence exceed should not exceed12 days. 49. Casualleave should not ordinarily be combinedwith move days and on the sanctioningauthority being satisfiedthat but in exceptionalcases beyond his the Governmentservantii unableowing to illnessor for reasons to proceed to the office headquartersor to attend to work, casual bontrol leave may be sanctionedin combination with the move days. The limirc mentionedat 48 aboveapply in this casealso. 50. Casualleaveshouldnot ordinarily be combinedwith vacationbut enjoyingregularvacationis forcedby unavoidable servant whena Govenxnent to on circumstances proceed casualleavein combinationwith or in continuation of of vacation,the Director of Educationor the Commissioner Educationas leave in combinationof suchvacation. the casemay be, may sanctionsuch The powers to sanction casual leave to the Gazettedteaching staff of the Medical Collegesshall vest iri the Principal, Medical College, Srinagar/ teachingstaff ofthe Govemment Jammuandto the Gazettedandnon-Gazetted Unani andAyurvedic Collegesshallvest inthe DirectorHealth Services. 51. Sciencescholarsworking in tJniveaitjg or other Institutions of the State when required to participatein meetingsorganisedby Scientific leavenot exceedingl0 Associationof reputein India be allowedspecialcasual under daysin a yearin additionto the normalperiodof casualleaveadmissible rules. 52. (a) Specialcasualleavemay be allowed to a Governmentservant thifly days-inany one calendaryear.The period of for a periodnot exceeding absence excessof thirty days will be feated as regular leave of the kind in admissibleunder relevantleave,rules applicabteto the personsconcerned.For this purposeGovernrnentservantmay asaspecial casebe penhittedto combine specialcasualleavewith regularleavi:.Spocialcasualleaveshouldnot however, be granted in combination with ordinary casualleale.

I33 l
!(b) The speciaicasualleavemay be allowed only :(i) lbr participationas a player in sporting eventsof national or intemational importance whentheGovemment servant been has duly selected suchparticipation.. for (ii) for participationas an offrcial in any national cr internationai sportingevent. (iii) for organisingnational or intemationalsporting eventsor for arry assignment given by a National SportsAssociation. (iv) for participatlng meetings Nationai SportsAssociation. in or Providedthat the Government servantis duly nominatedto represent StateAssociation. the t(v) Special casual leavero the extentof30 days may be granted to State Governmentemployeesrvho are participating in Trekking Expeditionserrganized Youth Hostel Association by of India as well as "Expeditions" havingthe approvalof IndianMountaineering Federation subject to the following conditions :I. (a) That the expedition has the approval of the Indian MountaineeringFederationor is organizedby Youth Hostels Association India ; and of (b) Therewill beno change theoveralllimit of 30 daysof in special casual leavefor an individualGovemment servant for onecalendar yearfor participatingin sportingevents of nationaland international importance. Il. The periodof'absence excess 30 daysshouldbe in of treated regularleaveof the kind admissible as underthc leave rulesapplicabl-e thepersons to concemed. this For purposeGovemmentservantsmay be permitted as a special case, to combinespecialcasuallearrewith regular leave.

3(c) Deleted. 53. Specialcasualleave not exceeding days may be grantedto 30 Govemmentservants whom the J&K AcademyofArts, CultureandLanguage selectfor participationin Ail India Scheme inter-State of exchange culture of troups.
l. Recast.'videF. D. Notification SRO-225 dared 28-05-1984. : 2. Inserted vide F. D. NotificationSRGlTl dated: 7-6-2004. 3. Deleted vide F. D. NotificationSRO-225 dated: 28-05-1984.

134 l
54. Specialcasualleavenot exceedingl0 days shall be allowed to an Officer of technicaldepartment intendingto attendprofessional scientific or conferences, otherthanihoseconvened underGovemment provided auspicious, that the leave sanctioningauthority is satisfiedthat the participationof the official will benefit in acquiringsuitableknowledgerelatingto his line of professionin Governmentservice. casual 55. Special leavenot exceeding workingdaysmay be granted 6 in favourof suchGovemment servants would undergo as sterilisation operation (vasectomy salpingectomy)underthe Family PlanningScheme. or 56. Special casual leavenotexceeding daymay begranted women one to employees undergoing U. C. D. insertions I. underthe Family Planning Programme. 57. Special casual leavenotexceeding 4 daysshallbeallowedto female I Covernment servant undergoing for non-puerperal Iisation. steri 58. Specialcasualleave up to 7 days may be grantedto a regular Governmentservantwhose wife undergoes non-puerperal a tubectomy operation. This will be subject the production a medicalcertificate to of from the Doctor who performedthe operationto the effect that the presence the of covernmentservant essential the periodof leaveto look after his wife is for during her convalescence operation. after 59. The concession ofspecialcasualleaveas indicated rule 55 and in 57 maybe allowedequallyto staffpaidfrom contingencies borneon workor charged establishment havebeenin ajob involvingwholetime emproyment as (andnot merelyparttime for a portionof theday)andhavebeenin service for at least6 monthsbeforeundergoing sterilisation operationand I. U. C. D. (in insertion the case females) arelikely to remainin service at least of and for 3 monthsafterthe-operation. 60. occasionsmay arisewhen grantof regularleavein combination with special casual leave may be un-avoidable. for example, Government As a servant havingundergone sterilisation operation (vasectomy salping or ectomy) l. u. c. D. insertion and puerperal sterilisation underthe Family planning schemernaynot haverecovered within theprescribed periodof special casual lea'reowing to development certaincomplicacies of necessitating furtherleave on medicaladvice.In such casesthe Government servantmay be granted regularleave ordinarycasual or leaveasappliedfor by her/himon the specific medical certificate appropriate of medical authority. But in no case should the same be combined with casualleaveas well as regularleaveat one time i.e.

[35] a personcannottake casualleavein continuationofspecial casualleaveand extendthe leave,after expiry ofcasual leaveby regularleave.Ifin any c:rsea persondoesnot recoverwithin the periodof casualleavetakenin continuation of specialleavethe regularleavewhich he may requireafter the casualleave from the dateof ordinary casualleave. will be treatedto have commenced '60-A. Notwithstanding in contained rules55, 56, 57, 58, 59 anything on who may haveto proceed leavein connection and60 a Covemmentservant listedbelow shall be with any one or moreof the Family WelfareProgrammes indicatedagainsteachprogramme:grantedspecialcasualleaveas Vasectomy: (a) Special casual leave not exceeding6 working days is admissibleto the male Governmentservantwho undergoes vasectomy sterilisationoperation;if an employeeundergoes time, specialcasualleaveof six days operationfor the second is againadmissibleon productionof medicalcertificatefrom the prescribedmedical authority to the effect that the first operationwas failure and the secondoperationwas actually performed; and (b) In caseof post sterilisation complication, specialcasualleave may be grantedto cover the period for which the person is hospitalisedon production of a certificatefrom the concerned medicalattendant. hospitalauthority/authorised Tubectomv :
(a)

leave notexceeding workingdaysis admissible l4 Special casual to female Governmentservantswho undergonon-puerperal tubectomy operation.In the event of failure of a sterilization operation,if an employeeundergoestubectomy operation for the second time specialcasualleave'of 14working days is again admissibleon production of a medical certificate from the prescribed medicalauthorityto the effect that the first operation was a failure and the secondoperationwas actually performed.

(b) In caseof post sterilizationcomplications,specialcasualleave may be granted tci cover the period for which the person is hospitalisedon production of a certificate from the concerned hospitalauthority/authorised medicalattendant.
l. Inscrted vide F. D. NotificationSRO-189 dated: 12-05-1981

t36l
(c) Specialcasualleavein the caseofpuerperaltubectomyoperation is (i. e.whentheoperation donewithin 2-5daysafterthedelivery) is not admissible. to (d) Specialcasualleaveup to 7 days is also admissible a male non-puerperal Government servant whose wife undergoes tubectomyoperationsubjectto the production of a medical certificatefrom the cioctorwho performedthe operationto the servantis essential of effectthat the presence the Governnlellt period of leave to look after the wife during her for the after convalesence operation. I.U.D: to leaveis admissible a regularnon-industria! casual Oneday's special I. U. D. insertion. who undergoes servant femaleGovemment Recanalisation: Specialcasualleave up to a period of 2l da1'sor actual period of whichever is less, as certified by the Authorised Medical hospitalisation who undergo to Attendantis admissible the Governmentemployees or and operation areun-married havelessthantv"o childrenor recanalisation leave casual The reasons. special operation substantial for undergo sterilisation :urillbe subject followingconditions to college/ performed a hospital/medical in (i) Theoperation been has are institute wherefacilitiesfor recanalisation available. by (iD The request grantofspbcialcasualleaveis supporled a for the from the doctorwho performs operatiort medicalcertificate fbr servant of to the effectthathospitalisation the Government period stipulated for thereinwas essential operationand the post operationrecovery. General: with casual leavc casual leaveis not allowedto becombined l . Special aswell aswith regularleaveat onetime (i. e, it caneitherbecornbined with casual leaveor with regularleave). holidays intervening a periodofspeciaicasual 2 . Sundays closed and in specialleave leaveare to be taken into acccuntwhile calculating period.

[37]
1. prefixing of regule.r leave to specialcasualieave is also not adirr!ssible.
1+.

, The workers out of the contingencypaid staff including workstaffashavebeenin ajob involving wholetime employment charged (and not rneretypart tinre or a portion ofthe day) and have beenin service for at least three months before undergoing sterilisation and (in opffation cr I.u.D. insertion caseof femaleenrployee) are for in servicethereafter at leastthreemonthsshould to li^kely remain 6 be giantedfull wagesfor a periodnot exceeding working daysto For a period vasecton)'operation' undergoing a inale employee ncnstaff unclergcing not exceeding14 working days tr: fenlale puerperaltubectomyoperationand for one day to female staff I.Li.D. ins':ition. undcrgoing

5 . M.T.P. (Medicai Terminationof Fregnancy)casesare not covered

underthe Farniiy Welfare for the purposeof specialcastnl lea','e Programme.

[38] VI CHAPTER ,7 studY Lcave

61. Subjectto the conditionsspecifiedin this chapter.ll) Study servantwith due regard to the leave may be granted'tsa Government publicservice enable to undergo or out of Indiaa to him in exigencies of of or training special course studyconsisting higherstudies specialised of subject havinga directandcloseconnection in a professional technical or with sphere his duty. of :mayalsobegtanted 2. Studyleave (i) for a course trainingor studytour in which a Government of or servant may not attenda regularacademic semi-academic course thecourse training thestudytour is certified be if of or to to fromthepointof view of of definite advantage Govemment publicinterest isrelated sphere and to ofduties oftheGovernment servant and ; (iD for the purpose studiesconnected with the frameworkor of subjectto the conditions background publicadministration of that:(a) theparticular by study tourshould approved theauthority be competent grantleave and to ; (b) the Government wouldbe required submiton his to servant reluma full reporton thework doneby him while on study leave; (iiD for the studies which may not be closelyor directlyconnected with theworkof a Government servant, whicharecapable but of his likelyto improve abilities a his as widening mindin a manner with those civil servant to equiphim betterto collaborate and in otherbranches thepublicservice. of employed (3) Studyleave shallnotbegranted :unless (D it is certified the authority by competent grantleavethat the to proposed course ofstudyor training shallbeofdefiniteadvantage fromthepointof view of publicinterest; (iD it is for prosecution studies subjeca in of otherthanacademic or literary;and (iir) it is for prosecution ofstudiesin suchspecialities subject and in which theremay be dearthof ofticersin a Department ;

[3e]
(iv) the Departmentof EconomicAffairs of the Ministry of Finance, - ' Govemmentof India agreesto the releaseof foreign eNchange' lndia. involvedinthe grantofstudy leave,ifsuch leaveis outside ofstudies for . study leaveout oflndia shallnot be granted prosecution facilitiesexist in India or under any of the for in subjects which adequate by schemeadministered the Governmentof India' 1+j Study leave shall not ordinarily be grantedto a Government seryant:'(i) who has renderedless than three year's service under the doesnot completethe if or Government till he/she, probationer, whicheveris later' satisfactorily perio of probation rn retire Got (iD who is dueto retireor hastheoptionto retirefrom theGovemment to within threeyearsof the dateon which he is expected service afterthe expiry of the leave. returnto duty (5) Study leave shall not be grantedto a Governmentservantwith such frequencyas to removehim from contactwith a regularwork or'to on causecadredifficultiesowing to his absence leave. to 62. Themaximumamountof studyleave,which may be granted a shalibe :servant Government (a) ordinarilytwelvemonthsat any onetime ; and twenty-fourmonthsin all (inclusiveof (b) during his entireservice for studyor training grantedunderany other similar kind of leave rules)' through for 63. (l) (a) Everyapplication studyleaveshallbe submitted to grant leave ; proper channelto the authoritycompetent (b) by The courseor coursesof study contemplated the Government to which he proposes undergoshall servantand any examination in be clearlyspecified suchapplication.

(2) Where it is not pcssible for the Governmentservantto give full detailsin his applicationor if afterleavingIndia he is to makeany changein the in programmewhich hasbeenapprcived Indi4 he shall submitthe particulars zrs soon as possibleto the Headof the Mission or the authoritycompetentto
dated: 23-09-2005 l. Recast"-vide F. D. NotificationSRO-273

[40] grant leave as the casemay be and shall not unlesspreparedto do so at his orvnrisk, commence course studyor incurany expenses comection the of in therewith the until he receives approval theauthoritl'competeut grantthe of to study leavefbr the course. 6/t. ( 1) Wherea Govemment servant permanet:tly thecadre borrre on servingtemporarily another of onedepartnrci'ri establisl'imen; or ls in department or establishn:erit, grantof sflrdyleave him shalibe subject theconditions the to to that the ccncurrence the department the establishrnent rvhich he is of or to permanently is attached obtained beforeleaveis granted. (2) Wherethe study leaveis grantedfor prosecution studiesabroad of the Headof theMissionconcerned shallbe infbrmedofthe fact bv the authorin, granting leave. the Note._The Headofthe Missionshallbecontacted theGovernment by seryani for issueof any letterof introduction for othersimilarfacilitiesth;i or rrray required. be (3) (a) EveryGovernment servantin permanent employ who hasbeen granted studyleaveor extension suchstudyleaveshallbe required e.ycute of to a bond in Form 6 or Form 7 as the ci$e may be, beforethe studi' ic;iveor extension suchleavegranted him commences. of to (b,t tvery Government servant in peimanent not employwlti, lrr,:; be,:n orextension suchstudyleave ffanied sludyleave of ;* shallberequireci *xecute a bonciiir l;orm 8 or Form 9 as the casemay be, beforethe study leaveor exte:rslon granted him comriences. or"suclr leave to (4) (a) On completion the course studythe Government of of servan! shallsubmitto theauthority rvhichgranted hinr thestudyleave,certificates of passed special examination or courses studyundertaken, of indicating date the of commencement termination the course and of with tlreirremarks. anv.of if the authorityincharge ofthe course ofstudy. (b) If the studyis undertaken a countryoutside in India wherethereis an Indian Iv{ission certificate the shall be submitted throughthe Head of the lV{ission concerned. 65. (l) Studyleaveshallnot be debitedagainst leaveaccountof the the Government servant. (?.) Studyleavemay be combined rvith otherkinds of leave,but in no caseshall the grant of this leave in combinationwith leave other than extraordinary leave, involvea totalabsence morethantwenty-eight of months liorn the regulardutiesof the Government servant.

[ 4 1] prescribed Explanation-The limit of trryenty-eight monthsof absence in this sub-rule includes periodof vacation. the 66. Regulationof studyleaveextendingbeyondin courseof study.When the courseof study falls short of study leavegrantedto a Covernment he duty on the conclusion the courseof studyunless of servant shall resume previous sanction ofthe authoritycompetent grantleavehasbeenobtained to the to the period of shortfall as ordinary leave. t67. (l) "Study leaveundertheserulesshall be sanctioned leave as However,the periodof Study Leavewithout allowances without allowance. any break in servicebut the period as spenton 'Study shall not constitute leavewithout allowance'shall count towardsserviceand other pensionary in No shallbe appointed placeof officersproceeding for benefits. substitute StudyLeave". 2fDeleted] to 72. 68 373. "Authority Competentto sanction study leave.-The concerned shallbecompetent sanction to studyleavewithout Administrative Department pay and allowances undertheseruleswithinioutside stateor outsidethe the country".

vide F. D. Notification Recast SRO-122 dated: 25-04-2000. Recast vide F. D. Notification SRO-122 dated :25-04-2000 and furtherrecasl vide F. t) NotificationSRO-133 I dated: 7-04-2006.

2 Deletedvide SRO-122 dated: 25-04-2000.

J

142l
CHAPTER_VII Miscellaneous 74. Application of these Rulesto in-service Gwernment sernants.Governmentservantsin service on the date of issue of these rules will in ' 'Leave' ' havethe option eitherto be govemedby the rules contained respectof Volume I, ChapterXI or Regulations, in the JammuandKashmirCivil Service in the rules.In eithercase, option shouldbe communicated Form l0 by these within a period of three months from the to the Head of Office/Department date of coming i4to force of these rules. Those who do not exercisetheir option within the stipulatedperiod shall be deemedto have opted for these rules. shall be treatedas final. Option onceexercised 75. Right of changingor interpretation.-\a)The Governmentreserves to itself the right of changingor cancellingthe rules in theseregulationsfrom time to time at his discretion and of interpretingtheir meaning in case of dispute. (b) Power to relax.-where the Government is satisfied that the unduehardshipin particularcase,it operation,if any ofthese ruleshascaused with or relax the in to reasons be recorded writing, dispense may, by order for and subjectto such exceptionsand ofthat rule to such extent requirements for "onditionr as it may considernecessary dealingwith the casein a just and manner: equitable Providedthat no suchordershall be madeexceptwith the concurence the FinanceDepartment. of in servants serviceon l-l-1979 who 76, ln the caseof Government for theserulesrtheirtitle to leaveundertheserules will be determinedas opt under:(a) EamedLeave.-The privilege leavewhich was dueto them on the date oftheir last return from such leave will be treatedas earned leave at their credit and from that date onwards,they will eam (Eamed Leave) at the rate and to the maximum extent contained in theserules ; (b) Half Pay Leave.-The leaveon private affairs or furlough which may be at their credit on 3l-12-1978 will be treatedas half pay leave under theserules and from the date of last retu/n from such leavethey will eam half pay leaveundertheserules subjectto the

1 4 3l condition that previous credit on accountof furlough or private affairs plus half pay leaveeamed undertheserulesor previousspell of leave on furlough private affairs already availed plus the free credit wjll not in any caseexceeda period of 2 yearsduring the entire serviceof a Governmentservant: (c) Extraordinaryleavewithout allowances alreadyavailedwill betreated as suchunder theserules. of 77. Repeal and saving.- (1) On the commencement these rules every rule, regulationor order in force immediatelybefore such commencement shall in so far as it providesfor any of the matters, to containedin theserules,cease operate.

(2) Notwithstandingsuch cesseror operation,anything done or any

action takenor any leaveeamedby or granted to or accounted to the credit of a Governmentservant,under the old rules, shall be grantedor accruedunder deemed havebeendone,taken,earned, to provisions theserules. the corresponding of

A SCH E D U L ESN D F OR MS

[46]

(.)
X rrl

i ggEE EEi XEEi E$ EEi E E E E ; = E E= E X= E = E X

t s o l 1 C.t c ' l
$
la)

a , n: 6 i # t e : : H f : R f : :

E E E ; E ; E ; gisn EeFs Fs [* F g t s gF t s $F e F F e b F e F
\o

an a)

.t)

.t')

.9
I H Y

l
h

F
)

!
J

E. A
.:
v '=, 0

F tr

: .86 iE. F sE
'=9 <*

J39 t.=

? 8 o6 tr

/ 1

g \ c "C ;

E
: 1

\
h

e
\ !

i
t

E E
A r-r c.l

- u{ s t ( r D x = ! v ) q E t ' a , 9 t r . -o
*

.= :

F ur

U .L 9

tFE#gs
(
*
I

E'i.e

L\y'< (d OT

SE
+ *

Eb

. k

b
. .r,

*r A v n

9 V

.a L )

E
\J

o al,

J . r

O ; \

O o

+
C.l

Pa

()
! h

(u

()
(H

: 9 i ;
.*J =

aE5

'1,

i'$es
di cl ^> 0,)

# I E;
qtg -E

;EEA
: = ! s a )

R t E

r!ur!9

Htie

z
a

,i

t47 l

' iA A i- ; E E- E a ii j i. E ?-'*" ?t

3 fEiE*fEg F !g A
E E E r \ iEi fE i ? . E ;
' P

gE i'rE iiFFe r ityTa E P E

F 00 q\

z H f i v F , " e AE EE g sE Er,r ge n EE :12 t ie;i E 4 i 4EEF# Tn e: ; ; e F ag - +i

: E i i g * e z = ;;

"F* EH
F d a \ O \ -

IHi ;cef $Eg 9 F f ; E

= Et'c:: :
" a 1 J ' : E

$E-l"5d"i

?:*63=

E5E
5 ES E 5 E
t r t r . -

KiI tEgg;Ef
t; trrErtrEr.=

o-qoooo e) .- v ) t& 7e )& & = t v a u

E - E ( E (EJ H 9 O 9 J

T(/iPTi9

gi gg EIg;: lgEgF lg,g;EFlfiEggprg

Ef; HHHE F CF.q.FF
E l - a Et cER Ec tE X t c t

z gzzzz

6 . 5 6 6 6 6

E 3:,? t

E;EETT

lr. g g. l& tL tr (,= (.) t a, a, ! - 1 t ! !

EEEEEE

E =. HEEE E E s E E E
f A E I I I tr:1 tr tr ct c

"

i ;

F $ $

. . i

r.i c.i v r.i

[48] FORM 1
[See rule 15 ] Apptication for leave or for extension of leave. 1. Name of applicant. 2. Postheld. 3. Department/Office. 4. Pay. 5. House rent and other compensatory allowances drawn in the presentpost. 6. Nature and period of leave applied for and date from which required. 7. Sundayand holidays ifany, proposedto be prefixed/suffixed to leave. 8. Groundson which leaveis appliedfor. 9. Date of return from last leave, and the nature of period of that leave. 10. Addressduring leaveperiod. 1l. In the event of my resignationor voluntary retirement from service, I undertaketo refund :(i) the difference betweenthe leave salary drawn during commuted leaveand that admissibleduring half pay leave,which would not have been admissiblehad sub-rule (l) of rule 29 not been applied; (iD the leavesalarydrawn during leavenot duewhich would not have beenadmissible had sub-rule(l) of rule 30 not beenapplied.

Signatureof applicant (with date)

[4e ]
12. Certificate regarding admissibility leave:of Certified that............. ... .. f o r ( p e r i o d ) . . . . . . . . . . . . . f r o.m . . . . admissible underruIe............. (Leave) Rules,1979. .............(natureleave) of ..to...........................is .............of Civil Services the

(with date) Signature Designation. 13. Remarks and/or recommendation the of Controlling Officer.

(with date) Signature 14. Ordersof the authoritycompetent grantleave. to

Signature(with date) Designation.

t50l

i'5 ti o
'-\.-r\
E V

|
I

* o Ei ; r : h
, e e ( ! t F 6 E S

bI)
P

b{)
th

{qbi E",

..b

(D

{) ()
fo

gC-qES :EEE:AE E ? 3 g E
; E : E iE

c) c)

(*
o

li

F ,7
.-.1

n v
Q aJ \o
rrl

rrl

(J
Fl
rYl

S ^ E E t o E- ^ t H + ;: E -Hdn:E $ G ' ' ;f!;' E g " E g s u E :i *s?

i \ \ # Q E 9 H 6 ! l k X 9
a I I 9 . V * -

a e
\J tJ!

U)

c) c)

rrl F-' Fl

z
0.) O

al E.= (D b0$r

H ' ES

hI) E r .

i3E

<r

4
V

; rb
.c)

tV

c) (t
(h

(!

o
(H

(u
(h

glis s u
t r (

c) o)
C) tt) O
F

c)

()
o
(l

E -3 l l
>

.^
(H

b* | ed r ll ( t
= ( l ) l ' o (( !) t 5 l
A H 9 l \ H

gE I

t<(!

lt)

() {)

k c l I

tr

::!:i

,#.:-

tsll

9 > " i
t'i -9 ^ '11 trv
=

6) ,l5 - F l
F -

fiEe

t'.
H
(t

r \
a.l

rYl

(rl (+r

v-

*l
r Y'l

E
tu

z
r r'l

.i

r
.l
l

o\

$l *j '31 E
l r !

oo

l s2l
.E o

b .anl .. .
( 6 t

o ! a?E
rrl F] (J

F (-)
iJi

o c)

c-)
F]

,1,)

Q
I i-l

z z
a

q)>\ orS > v c) J

C) r ( ! O

c)
lJ.
!.)

rr)

=. ?) o ( g r * 9 o - l A

tt

z
r r'l r r'l

q)

C) (h

J bo trr J
C) . t

ol

I t53
(t)
O tr at

>r

(J
rrl

ln q)

z
\ \

.g 6'
o a,?
e o = v

F O F (.)
F.J

c.) o

O
fr)

z -

z
U)
a) J
!Y

o a) J
rrl o (! qr 4<

/i

z
I rl rYl

qr

bo r
q)

-l

(.)
tt)

lrr
T

-]

bo

trr

(-.

s4l
O

oo
A

t
' ' ( ) ! ; O a

! 0
I

(J
\a c{
I

t
r r-l

'l -

F
Q F
rrl

I
an

c) L
C)

.; x C .^. E ) '6 - O t 9 d
P 6

Q Fl Q
r Yl

o 9 a o x o x >
q) J (l) G' -= v x v ) )

z z
a

$ crl

?
rrl

c) J F

| . E ( )o
: o 6 p
F E

oc> o g

z
rrl

> E
e 0 )

(l)x

3 >
F r

gl I

. : o > >O t ( u d
> ( (g) _

(|)>r
ll -l

L l!

co c\I

8,3
E

E.E
X > .
O

\J'O

Iss]

o o
L

(*

c!

o sl f F

a C)

o
a

o
t-

z
rI]
ca
rrl

r c) Q
O

0)

oo ol

z
c)
rrl

c.)

gl
j

c) c.) ,-.1

F f

: :
Fc{

(-) r')

z 6
D
J

U Z

Es FE
o
I C) C,}

89a * -* ' q i o.l 6

E=c.l

H!T
E s-:
\o c\

.E P

t56l
Xol o)+
A / ^

u c'r x 9
F'l' c.l c.t

> / l

D
F

z
rrl -l

c.)
C)

o
6 C) L (I)
(t

(H

z
rrl rr) J

ct
c.l

a >l a

.i

co co
q.)

rYl

F
O

c)

c)

^
Q
a f')

o
C)

z J

()
. l

*. q) U
O C)

co

z
C) (h

'

c)
li

!r

cn

tsTl
q) J4 (\l

- 8 2 .E

EgE

() (*
c)
(n J
q)

EU iE ;
\o
c.l

jg T .i, -o
t
.ie
F 9

-?

; E '$ gB E
F gR E E I
Egi

; g
;

? e:
-E;

bb.E
T F g

rJ] Fr F

z
tI]
rr)

* ei : ' gEE F ' ; ' .

$ ca

Eas= S g . : g ' t E:!l - B

;E 5EE E

-E6 e

:E'3

FsE, {?!

H 'E E = s

I
I

d E

z
rrl

\o qri >-Y T q ) a )( > q '

E 9
tJi {t)

J
rrl

(\lE

9 o r ( )t = E!r
< d a /r^ ii

r
c.l

$gi S s fi E E A;g8 Ft : s,iE ' f E

E E g, H S E f ; i i g F g E E i EE 4 5 E E x - 6 - E. 6 i q E ? ; . F ; R3 bF E E Ed IE F i F E H . T ;E Y E r E ; Fs E g t ; q g ; q 2 E i EFA: F : F;e*

'& 6 FE Et , eE 'E t: eF B :- * e E

Eg: S 6
F ;

;b H> E :

Eo Fog o 6

$ Eu 5 s T E g E E

z
D
-l

o -V o
( D m

s E Su F: $ : s 3 i s E . B i3 g E { p E B !
'.EE Ei I HIg # 5 Et e # E # E f
:f c.l

,-

x\o
I

hi'

o.l

.Hd. t- C)

. l . t . t . . t . . t . l
C . l c . ) V ( \ A
9

(l)-

o)

z z

z z

[58] FORM 8 I Seerule 19 f or Medical Certilicate for grant of leave or extensionof leave leave. commutation of servant Signatureof Government M e d i c a lS u p e r i n t e n d e n t / C i v i l Medical Attendantafter Officer/D. M. O.iAuthorised Surgeon/\{edical certiff that Shri/Shrimati/ hereby of examination thecase carefulpersonal is whosesignature given above,is Kumari that a Periodof and I consider suffering from absence from her health.
from effect with duty_____ of for necessary the restoration his/ is absolutely

Medical Superintendent/Authorised Medical Attendant/Medical Offi cer/

M. Civil Surgeon/D. O Hospital/Dispensary.

Date be should specified. durationoftheillness and Note l.- Thenature probable of be Note2.- ThisFormshould filled in afterthesignature theGovernment has servant beentaken.Thecertiffing officer is not at libertyto from or a requires change servant certiff that the Government proceed a particular to or locality, thatheisnotfit to to a particular only be given at the explicit should locality.Suchcertificates to authorityconcerned, whom it is of the administrative desire grounds been has on opento decidewhenan application such shouldgo beforea Medical the madeto him, whether applicant i MedicalOffi certo decde ivil Surgeon/District Superintendent/C for service. of the question his/herfitness

[5e]
Note 3.-should a secondmedical opinion be required,the authority medical for to competent grantleaveshouldalrange the secrond possible dateby a medical at to examination bemade theearliest not below the rank of a Medical superintendenvcivil officer an M. SurgeonlD. O. who shallexpress opinionboth asregards for the thefactsofthe illnessandasregards necessity the amount he andfor thispurpose mayeitherrequire recommended of leave beforehimself or before a to servant appear the Government bY MedicalOfficernominated him. shallbeevidence in contained thiscertificate Note4.-No recommendation servant. to not of a claimto anyleave admissible theGovernment

[60] FORM 4 I Seerule 24 (iii) ) Medical Certificate of Fitnessto return to duty. servant of Signature Government Offi Civ il Surgeon/Ivledical cer/District
Medical Officer/Autltorised Medical Attendantdo herebycertiff that I have

inedShri/Shrimati/I(umari ly careful exam

whose

signatureis given above,and find that he/shehas recoveredfrom his/her illnessand is now fit to resumedutiesin Governmentservice.I also certify that before arriving at this decision,I have examinedthe original medical of certificate(s) and statement(s) the caseor certified copies(thereof) on and havetakentheseinto consideration which leavewas grantedor extended in arriving at my decision. Medical Civil Surgeon/Authorised Attendant/Medical Offi cerA)i strict Medical Officer.

Note :-The original medical certificate(s)and statements(s) the case of on which the leave was originally grantedor extendedshall bd producedberfore authorityrequiredto issuethe abovecertificate. the For this purlrose,the original certificate(s)and copy being retained by the Govo'rnment servantconcerned.

[ 6 1] FORM 5 rule 32 (3a)l f See Bond for temporaryGovernment grantedextraordinary servants Ieave relaxation clause of sub-rule in (d) of (2) of rule 32 for study.

Know all men by thesepresents that we .........resident o f . . . . . . . . . . . . . . . . . . . . . . . . . . D i. s.t.r.iic t f . . . . . . . . . . . . . . . . . . . . . .p . .e sa tne m p l o l , e d .. . no . r .. e t as.................................in the Department/Office of................(hereinafter "the called Obligor" and Shri/Shrimati/I(umari.... Son/daughter............ of . o f . . . . . . . . . . . . . . . . . . . . . .Sa n id S h r i m a t i / . hr / Kumari ............son/daughter of............. jointly andseverely of..............(hereinafter thesureties) hereby called do bind ourselves our respective and heirs,executors administrators pay to tlrc and to (hereinafter Governor of J & K, his successors and assignees called the "Government") (Rupees o n d e m a n dt h e s u m o f R s . ........)togetherrvith interestthereonfrom the date of demand at Government rates thetime beingin forceon Government for loansor, if the paymentis made in a country other than India, the equivalentof tlre said amountin the currencyofthat countryconverted the official rateofexchange at between that countryand India and together with all costsbetween attorney and. client and charges expenses shallor may havebeenincurred and that by thc Government. Whereas the Government has at the requestof the above bounden Shri/Shrimati/Kumari...... ....employed a ............ as grantedhimftrer regular leave,followed by extraordinaryleave without pay and allowance a periodof...................... for months day with effectfrom .......... in orderto enablehim/herto studv a t . . . .. .. . . . . And whereas the Govemmenthas appointedrvill have to appoint a substitute performthe dutiesof ............... to during the period of absence f Shri/Shrimati/Kumari............... o . . . . . . . . . . . . .n o extraordinaryleave. And whereas the betterprotection the Government, obligor for of he has agreedto executethis bond with two sureties with such condition as hereunder written.

I62l
And whereasthe said sureties have agreedto executethis bond and on sureties behalfofthe bounden. Now the conditionof the written obligationis that in the eventof above .. failing to rejoin on the expiry boundenShri/Shrimati/I(umari of the extraordinaryleave,the post originally held by him/her and servethe Government after rejoining for such period not exceedinga period of may requireor refusingto servethe as ...............years the Government Governmentin any othercapacityas may be requiredby the Govemmenton wouldbe entitledundertherulesthesaidShri/Shrimati/ a salaryto which he/she or his/her heirs, executorsand administratorsshall Kumari forthwith pay to the Government on demand the said sum of thereonfrom the dateof demandat with Rs..................together interest Governmentratesfor the time being in force on Governmentloans' """'and or And upon the obligor Shri/Shrimati/I(umari aforesaidmaking such ...... the sureties Shri/Shrimati/I(umari paymentthe abovewriffen obligationshall be void and of no effect otherwise it shall be and remainin force andvirtue : shall not be hereunder Providedalwaysthat the liability of the sureties or oftime beinggranted by any forebearance, by impairedor discharged reason by or any personauthorised them (whether act or omissionof the Govemment nor shall it be with or without the consentor knowledgeof the sureties) for necessary the Governmentto sue the obligor before suing the sureties '..........'......or Shri/Shrimati/I(umari ..................and Shri/Shrimati/Kumari any ofthem for amountsdue hereunder. be The bond shall in all respects govemedby the laws of the J & K shall Statefor the time being in force and the rights and liabilities hereunder courts. by be where necessary accordinglydetermined the appropriate Sisned and datedthis thousand by Signedanddelivered theobligorabovenamedShri/Shrimati/l(umari of in the presence :Witnesses l. ^

[63] Signedand deliveredby the suretyabovenamedShri/Shrimati/I(urnari in the presence :of Witnesses l. 2. Signedanddeliveredby the suretyabovenamedShri/Shrimati/I(umari of in the presence :Witnesses l. 2. Accepted for and on behalf of the Governorof J & K.

[64] F'ORM 6 3 fSeesub-clause (a) ofrule (4)) Bond to be executedby a Government servant in permanent employ, when proceedingon study leave. Know all men by thesepresents that I .......... ... resident of ...............in the District of ......... .. a t p r e s e n te m p l o y e d as..................in Department/Office ......................do the herebybind of and administrators pay to the Governorof myself and my heirs,executors to J&K (hereinaftercalled the Governrnent)on demand the sum of Rs................(Rupees only) together with interest thereonfrom the date of demandat Governmentrates for the time being in force on Govemmentloans or if paymentis made in b country other than India the equivalentof the said amountin the currencyofthat country convertedat the official ratesof exchange between that countryand India and togetherwith all costsbetweenattomey and client and all chargesand expenses that shall or may harrebeenincurredby the Government. I Whereas ................ by Govemment. granted ..............am study leave

for And whereas the betterprotectionof the GovemmentI haveagreed is to executethis bond with such condition as hereunder written. Now the conditionofthe abovewritten obligationis that in the eventof my failing to resumeduty or resigningor retiring from serviceor otherwise quitting service without retuming to duty after the expiry or terminationof the period of study leave or at any time within a period of three yearsafter retum to duty. I shall forthwith pay to the Govemmentor as may be directed b y t h e G o v e r n m e n to n d e m a n d t h e s a i d s u m o f R s . . . . . . . . . . . . . . (Rupees..................only) togetherwith interest theteonfrom the date of demandat Government ratesfor the time beinein force on Govemmentloans. And uponmy makingsuchpayment abovewrittenobligationshall the be void and of no effect. otherwiseit shall be and remain in full force and virtue. The bond shall in respectbe govemedby the laws of J & K Statefor the time being in force and the rights and liabilities hereundershall where necessary accordinglydetermined the appropriate be by courts in India.

[65] t .f . a. a S i g n e d n dd a t e dh i s . . . . . . . . . . . . . . . , . . . .o . d . . y. . . . . . . . . . . . . . . . . . . 1 w o thousand by /Signed and delivered the of ............in presence :Witnesses l 2. Accepted of for andon behalfof theGovemor J& K State.

t66l
FORM 7 3 f Seesub-clause (a) of rule 64l Bond to be executedby a Government servant in permanent employ, when granted extensionof study leave. Know all men by thesepresents that I ......... .. resident t o f . . . . . . . . . . . . . . i.n. t h e D i s t r i c to f . . . . . . . . . . . . . . . . a.t. . r e s e n e m p l o y e d . . p as.................in Department/Office .......................do the of herebybind myself and my heirs,executors administrators pay to the Governorof and to J&K (hereinaftercalled "the Government")on demandthe sum of Rs..............(Rupees ..only) togetherwith interestthereonfrom the date of demandat Governmentrates for the time being in force on Governmentloans or if paymentis made in a country other than India" the equivalentof the saidamountin the currencyofthat country convertedat the official rate of exchange betweenthat country and India and togetherwith all costsbetweenattorneyand client and all chargesand expenses that shall or may have beenincurredby the Government. grantedstudy leaveby Whereas ............... I .......was for Government the periodfrom .......... to ............................in of consideration which I executed bond dated.......... a ......for (Rupees Rs. ............ ........ only) in favour of the Governorof J& K. And Vherem the cxtrensicnof sttrdy leave has been granted to me at rny requcst until: And whereas the betterprotectionof the GovemmentI haveagreed for to executethis bond with suchcondition as hereunder written. is Now the conditionof the abovewritten obligationis that in the eventof my failing to resume duty or resigning retiringfrom or otherwise quining or service without retuming to duty after the expiry or termination of the period of study leave so extended any time within a period of threeyears or after my retum to duty. I shall forthwith pay to the Govemmentor as may be directed by the Government on demand the said sum of Rs........................(Rupees ................ with interest only) together thereonfrom the date of demandat Govemmentratesfor the time being in force on Govemmentloans.

l67l
shall And upon my making suchpaymentthe abovewritten obligation force and be void and of no effect, otherwiseit shall be and remain in full virtue. be The bond shall in all respects govemedby the laws of J & K for shall, where the time being in force and the rights and liabilities hereunder courts in India. by be necessary, accordinglydetermined the appropriate of Signedand datedthis ..'.........'.."""'day """""""""""'

lllll1l1

2.

bv de'ivered anci - ,; ;;;;;;;;;; ,1'igned

""'two

Witnesses l.

Accepted of for andon behalfof theGovernor J& K'

t 6 8I
FORM 8 I Seesub-clause3 (b) of rule 64 | Bond to be executedby a Government servant not in permanent employ, when proceeding on study leave. Know all men by thesepresents that we....... ....resident of............. . . i n t h e D i s t r i c to f . . . . , . . . . . . . . ,......at . present employed ............................(called as the obligor)andShri/Shrimati/ Kumari son/daughter ........... of (hereinafter called sureties) herebyjointly and severelybind ourselvesand do our respective heirs,executorsand administrators pay to the Governor of to J&K (hereinafter called "the Government") on demand the sum of R s . . . . . . . . . . . . . . . . . .(.R u.p e e s. . . . . . . . . . . ... . . . . . . . . o n 1 yo g e t h e r i t h t) w interestthereon from the date of demandat Govemmentrates for the time being in force on Governmentloansor if paymentis madein a country other than India,the equivalentof the official rateof exchange between that country andIndiaard together with all costsbetween attomeyandclient andall charges and expenses that shall or may have beenincurredby the Government. Wlrercasthe obligor is grantedstudy leaveby the Government. And whereasfor the betterprotectionof the Govemment,the obligor has agreedto executethis bond with such condition as hereunderis written. And whereasthe said suretieshave agreedto executethis bond as suretieson betralfof the abovebounden. Now tlp conditionofthe abovewritten obligationis that in the eventof the obligor Shri/Shrimati/I(umari..... ..........failing to resume duty or resigningfrom serviceor otherwise quittingwithout retuming to duty after the expiry of terminationof the period of study leave or ar any time within a period of threeyearsafter his retum to duty, the obligor and the suretiesshall forthwith pay to the Govemmentor as may be directed by the Government demandthe said sum of Rs. ................... on (Rupees .only) togetherwith interestthereonfrom the date of demandat Governmentratesfor the time being in force on Governmentloans.

l 6 el
And uponthe obligor Shri/Shrimati/Kumari.
the sureties Shri/Shrimati/Kumari... making suchpaymentthe abovewritten obligationshall be void and aforesaid of no effect. otherwiseit shall remainin full force and virtue : shall not be hereunder Providedalwaysthat the liability of the sureties granted by any forebearance, or by oftime being impairedor discharged reason by act or omissionofthe Govemmentor any personauthorised them (whether with or without the consentor knowledgeof the sureties)nor shall be it necessaryfor the Governmentto sue the obligor before suing the sureties

;;"-i":,:'n:ffi'ffi::'' ;;;;;;;;ffi :::::::11^liiil

be The bond shall in all respects govemedby the laws of the J&K State shall where for the time being in force and rights and liabilitieshereunder courts. necessary accordinglydeterminedby the appropriate be d a y o f . . . . . . . . . . . . . . . . . . . .t.w.o. . . . a S i g n e d n d d a t e dt h i s . . . . . . . . . . . abovenamed ...../Signedanddelivered the obligor by thousand, in of Shri/Shrimati/Kumari the presence :Witnesses l. 2.

:l:::i

-:

::::::*il:"

umari Shri/shrima'i/K ;:J::#:"#,v'o

Witnesses l. 2.

:::::iT::::""i:il:';:J:;'"*"J,"T*shri/Shrimati/Kumari
Witnesses l. 2. Accepted for and on behalf of the Governorof J & K.

[70] FORM 9 3 f Seesub-clause (b) of rule 641 Bond to be executedby a Government servant not in permanent employ, when granted extensionof study leave. ..'resident that we....". Know all men by thesepresents i n t h e . . . . . . . . . . D i.s t r i c t o f . . . . " . . . . . . . . ' .. . of............... in the Department/office presentemployedas .............. at called "the obligor") and Shri/Shrimati/Kumari of.................(hereinafter of ........."'and of son/daughter ........... of...'.......'.".""'of """"' ..son/daughter Shri/Shrimati/l(umari bind ourselves do (hereinafter calledthe sureties) herebyjointlyand severely to and heirs,executors administrators pay to the Govemor and our respective "the Government")'ondemandthe sum of of J&K (hereinaftercalled o r . . . . " . o n 1 yt) g e t h e w i t h . R s . . . . . . . . . . . . . , . . . .(.R.u.p e e s. . . ' . . ' . . - . . . at Governmentrates for the time interestthereon from the date of demand being in force on Govemmentloansor if paymentis madein a country other than India, the equivalentof the said amountin the cunency of that country betweenthat country and India and convertedat the offrcial rate of exchange and and attorney clientandall charges expenses with all costsbetween together beenincurredby the Government' that shall or may have whereas the obligor was grantedstudy leave by the Govemmentfor of consideration whichhe executed to theperiodfrom ............... .................in (Rupees..."' Rs' .'..."...'.. a bond dated....................for only) in favourof the Govemorof Jammuand Kashmir. to of the And whereas extension studyleavehasbeengranted the obligor until. request at his the And whereasfor the betterprotectionof the Government, obligor has agreedto executethis bond with such condition as hereunderis written. And whereasthe said suretieshave agreedto executethis bond as on sureties behalfofthe abovebounden. Now the conditionof the abovervrittenobligationis that in the eventof from '..'......'......resigning the obligor Shri/Shrimati/l(umari..... servicewithout returningto duty, after the expiry or terminationof the period or of study leave so extended any time within a periOdof three yearsafter his return to duty, the obligor and the suretiesshall forthwith pay to the Governmentor as may be directedby the Govemmenton demandthe said with .only)together (Rupees sum of Rs. ................... from the date of demandat Govemmentrates for the time interestthereon loans. beingin forceon Government

[ 7 rJ
And upontheobligorShri/Stnimati/Kumari...... and or Shri/Shrimati/Kumari.... And. or Shri/Shrimati/Kumari ...the suretiesaforesaid making suchpayment the above written obligation shall be void and of no effect otherwiseit shall be and remainin full force and virtue : Providedalwaysthat the liability of the sureties hereunder shall not be by impairedor discharged reason oftime beinggranted by any forebearance, or act or omissionof the Govemmentor any personauthorised them (whether by with or without the consentor knowledgeof the sureties) nor shall it be necessary the Govemmentto sue the obligor before suing the sureties for Shri/Shrimati/l(umari . and Shri/Shrimati/Kumari ................ ........or any of them amounts due hereunder. The bond shall in all respects govemedby the laws of the J&K State be for the time being in force and the rights and liabilities hereunder shall where necessary accordinglydetermined the appropriate be by courts. Signedand datedthis ............ day of.......................... two thousand, ......./ Signed delivered theobligorabovenamed and by Shri/Shrimati/l(umariin the oresence :of Witnesses 1.
l

Signedand deliveredby the suretyabovenamedShri/Shrimali/Kumari in the presence :of Witnesses l. 2. Signedand deliveredby the suretyabovenamedShri/Shrimati/Kumari in the presence :of Witnesses L 2. Accepted for and on behalfof the Govemorof J & K.

l72l noRM l0
rule 74| I See Fum of Option To

*(i) L,.........,................herebytheJammu Kashmir Civil and optfor (Leave) 1979. Rules, Services *(ii) I leave rules the elect .......hereby to retain existing Regulations Civil Service and in theJammu Kashmir ascontained Volumel.

faithfully, Yours

Signature Name Designation Office in which omployed

rTo be scorcd if not applicable, underthe signature, the Govemment off of concemed. seryant's

l 173
SECOND SCI{EDIJLE rVecation Rules of the Institutc of Medical Sciences,Srinegar. of l. Scopeand extent.--:fhe* rulesshall apply only to the members of the Institute appointed in substantive or temporary capacity the faculty basis.Theserules offrcers)or working on deputation (including probationary faculty as are employed on shall not however, apply to such membersof the tenure basis for a period of less than one year or appointedon ad hoc basis. Theseruleswill apply to officerson conhactonly if their termsof contact so provide. 2. Definitions.-In these rules unless the context otherwise requires :(a) "Institute" meansthe Institute of Medical Sciences,Srinagar. (b) "Faculty" meansmembersof the teaching staff of the Institute Professor,Associate appointed as Director, Director-Professor, Professor; Assistant Professor, Lecturer and Medical The Superintendent. staffirppointedin Administrativeand Service andResidentstaffof the Instituteshaltnot, however, Departments constitutethe facultY ; suchmemberof the staffwho constitute (c) ,.FacultyMember" means the faculty. 3. Period of vacation.-fi) The faculty of the Institute shall break for vacationtwice a year during winter and summer. (ii) Wintervacationperiodshall extendfrom JanuaryI to February28 eachyear. (iii) Summervacation shall extendfrom July 16 to August 14 each year. 4. Entitlement-(i) Each memberof the faculty shall normally avail himself of half of the vacation period during winter'and sunmer. (ii) Half vacation during winter shall be of four weeks duration from January 1 to January28 and then again from Febnrary I to February 28. The period of interveningthreedaysfrom January,29'31shall not be includedin Lither of the spells and during this period the entire faculty unlesson full
L lnsertedvide F. D. Notification SRGSO8dsted : 10-12'1982'

[74]
ofany kind shall be on activeduty for the purpose vacationor leaveofabsence Department. of handingover and taking over of the chargeof the concerned (iii) Half vacationduring summershall be of two weeksdurationfrom July 16 to July 29 andthenagainfroin August 1 to August 14.The periodof intervehingtwo days from July 30-31 shall not be included in either of the spellsandduringthis periodthe entirefaculty,unlesson full vacationor leave of of of absence any kind shallbe on activeduty for the purpose handingover Department. and taking over of the concerned (iv) The competentauthority may in considerationof extraordinary of circumstances a caseto be recordedin writing allow a memberof the of faculty to avail full vacationprovidedthe absence the member is not of to detrimental the interests the lnstitute. vacation full or in partto a in (v) T'hecornpetent authoritymay refuse may not be possibleto spareeither for full or memberof the faculty rvhomit any part periodofvacation. 5. Eorned leavein lieu of vacation.li) Membersof the faculty who undertheserules shall not be entitledto avail full vacationas admissible leave. earned duringa calendar (ii) Members the facultywho arerefused vacation of leaveof30 daysin lieu thereof. yearshallbe entitledto earned shallbe entitledto (iii) Members the facultywho availhalf vacation of leavefor I 5 days. earned (iv) Notwithstanding provisions contained sub-rule(ii) of rule in the leavedue LeaveRulestheearned 2ti of theJammuandKashmirCivil Service to a memberof faculty under theserules shall be creditedat the end of the rules. creditingprovidedin the aforesaid yearas against advance author(v) Where a memberof faculty is prevented the competent by ity from availinga partof the vacationnormally dueto h!m, he shallbe entitled to eam "Earned" leaveat the rate of 2t/z daysfor-6achcompleteweek of yearprovided up vacationsurrendered to a maximumof 30 daysin a calendar is that no such credit shall be afforded where the vacation surrendered for lessthan a week. 6. Powers.-The competentauthority for the purposeof these rules Srinagar. shall be the Director of the Instituteof Medical Sciences, of 7. Nothing contained theserulesshall effectthe entitlement leave in of other kinds due to a memberof the faculty underthe Jammuand Kashmir Civil Service Leave Rules.1979.