IREC Rule No.528: Leave Not Due

528.  Leave Not Due:-

(1)   Leave not due may be granted to a railway servant in permanent employment subject to the following conditions:-

(i)    Leave not due shall be limited to the leave on half average pay he is likely to earn thereafter;

(ii)    Leave not due during the entire service shall be limited to a maximum of 360 days, on medical certificate;

(iii)   Leave not due shall be debited against the half pay leave he is likely to earn subsequently.

(2)   (a)   Where a railway servant who has been granted leave not due resigns from service or at his request permitted to retire voluntarily without returning to duty the leave not due shall be cancelled, his resignation or retirement taking effect from the date on which such leave had commenced and the leave salary shall be recovered.

(b)   Where a railway servant who having availed himself of leave not due returns to duty but resigns or retires from service before he has earned such leave he shall be liable to refund the leave salary to the extent the leave has not been earned subsequently.

Provided that no leave salary shall be recovered under clause (a) or clause (b) if the retirement is compulsorily thrust upon him by reason of ill health incapacitating the railway servant for further service or if he is retired compulsorily on disciplinary grounds or due to pre-matured retirement under para 620 of Manual of Pension Rules or the provisions relating to compulsory retirement of non-pensionable Railway servants on rendering 30 years of service or in the event of his death.

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