Save in the case of leave preparatory to retirement leave not due may be granted to a permanent Government servant in superior service only on medical certificate for a period not exceeding 180 days during the entire service. Such leave will be debited against the half pay leave the Government servant may earn subsequently.
Note (1): Leave not due should be granted only if the authority empowered to sanction leave is satisfied that there is a reasonable prospect of the Government servant returning to duty on the expiry of the leave and it should be limited to half pay leave, he is likely to earn thereafter.
Note (2): Where a Government servant who has been granted leave not due under this clause applies for permission to retire voluntarily, the leave not due shall, if the permission is granted, be cancelled.
Note (3): With reference to Note (2) the retirement in such cases shall have effect from the date on which such leave commenced. An undertaking to this effect should, therefore, be taken from Government servants who avail of leave not due. The question whether a Government servant should be called upon to refund the amount of leave-salary should be decided on the merits of each case, e.g., if the retirement is voluntary, refund should be enforced, if it is unavoidable by reasons of ill-health incapacitating him for further service no refund need be insisted upon]. [G.O.Ms.No. 453, Fin. & Pig., Dt. 7-12-1971] It has further been decided that when leave not due is granted to a Government servant under the above rule that he applies for permission to retire voluntarily or resigns of his own volition at any time after returning to duty, the question of refund of leave-salary in respect of leave not due already availed before return to duty shall to the extent it has not been subsequently wiped off be treated in the same way as laid down in the preceding paragraph.
[ Note (4): In cases where a Government servant who was granted 'Leave not due' has to retire under the Premature Retirement Rules, 1975, he need not be called upon to refund the leave-salary for the period of 'Leave not due' to the extent it could not be earned]. [G.O.Ms.No. 290, Fin. & Pig., Dt:11-11-1981] This will not cover cases of voluntary retirement under the Premature Retirement, Rules, 1975.
Note (5): In cases where a Government servant is compulsorily retired from service as a measure of penalty under the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963 the recovery need not be insisted upon.