40. Leave Salary
(1)Except as provided in sub-rule (7), a Government servant who proceeds on earned leave is entitled to leave salary equal to the pay drawn
immediately before proceeding on earned leave.
NOTE :- In respect of any period spent on foreign service out of India, the pay which the Government servant would have drawn if on duty in India but for foreign service out of India shall be substituted for the pay actually drawn while calculating leave salary.
(3) A Government servant on half pay leave or leave not due is entitled to leave salary equal to half the amount specified in sub-rule (1).
(4) A Government servant on commuted leave is entitled to leave salary equal to the amount admissible under (sub-rule (1).
(5) A Government servant on extraordinary leave is not entitled to any leave salary.
(7) ( c).In the case of a Government servant who is granted leave earned by him during the period of re-employment, the leave salary shall
be based on the pay drawn by him exclusive of the pension and pension equivalent of other retirement benefits.
(8)In the case of a person to whom the Employees’ State Insurance Act, 148 (34 of 1948) applies, leave salary payable during leave, other than earned leave, shall be reduced by the amount of benefit payable under the said Act for the corresponding period.
(9) (a) If, in the case of a Government servant who retires or resigns from the service, the leave already availed of is more than the credit so due
to him, necessary adjustment shall be made in respect of leave salary, if any, overdrawn.
(b) Where the quantum of earned leave already availed of by a Government servant who is dismissed or removed from service or who die while in service is in excess of the leave credit under Clause (b) of sub-rule (2) of Rule 27,the overpayment of leave salary shall be recovered in such cases.