Provisions stipulated under the CCS (Leave) Rules, 1972 regulating Leave Not Due to central Govt. employees are explained here under.
1. Leave Not Due to Permanent Employee [CCS Leave Rule – 31(1)]
Except in the case of leave preparatory to retirement, Leave Not Due may be granted to a Government servant (other than a military officer) in permanent employ or quasi-permanent employ limited to a maximum of 360 days during the entire service on medical certificate subject to the following conditions:-
(a) The authority competent to grant leave is satisfied that there is reasonable prospect of the Government servant returning to duty on its expiry;
(b) Leave Not Due shall be limited to the half pay leave he is likely to earn thereafter;
(c) Leave Not Due shall be debited against the half pay leave the Government servant may earn subsequently.
2. Leave Not Due to Temporary Employee [CCS Leave Rule – 31(1A)]
Leave Not Due may also be granted to such temporary Government servants who are suffering from TB, Leprosy, Cancer or Mental Illness, for a period not exceeding 360 days during entire service, subject to fulfillment of conditions in Clauses (a) to (c) of sub-rule (1) and subject to the following conditions, namely:-
(a) That the Government servant has put in a minimum of one year’s service;
(b) That the post from which the Government servant proceeds on leave is likely to last till his return to duty; and
(c) That the request for grant of such leave is supported by a medical certificate as envisaged in Clauses (c) and (d) of sub-rule (2) of Rule 32.
2. Effect of Resignation/VR on Leave Not Due [CCS Leave Rule – 31(2)]
(a) Where a Government servant who has been granted Leave Not Due resigns form 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 in full.
(b) Where a Government 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 by reason of ill-health incapacitating the Government servant for further service or in the event of his death.
Provided further that no leave salary shall be recovered under Clause (a) or Clause (b), if the Government servant is compulsorily retired prematurely under Rule 48 (1) (b) of the Central Civil Services (Pension) Rules, 1972, or is retired under Fundamental Rule 56 (i) or 56 (j).
Note – Leave Not Due is granted only when no other leave is at credit of the employee and may be granted in continuation of any other leave due.
Illustration – An employee due for retirement on superannuation on 31/12/2013. He has no EL or HPL to his credit as on 01/04/2011. Now, he applies for Leave Not Due for 70 days (01/04/2011 to 30/09/2011). Since the employee is likely to earn only 45 HPLs (5 on 01/07/2011 and 20 each for 2012 and 2013), he may be granted Leave Not Due only for 45 days (balance 25 days may be Extra Ordinary Leave).