Section 14 in The Tamil Nadu Village Servants Service Rules, 1980
14. [ Amount to be paid on retirement. [Substituted by GO. Ms. No.1495, Revenue, dated 1.9.1984.]
(1)Every person who ceases to hold the post of part-time Village Servant by reason of sub-rule (i) of rule 13, shall be paid an amount for the total service put in by him as part-time Village Servant and such amount shall be determined in accordance with the provision of sub-rule (2).(2)The amount referred to in sub-rule (1) shall be calculated at the rate of one-half of the monthly emoluments for every year of total service put in by the person referred to in sub-rule (1).Explanation. - For the purpose of this rule,-(a)Where the total service,-(i)includes a period which is a portion of a year; or(ii)is a period less than a year, the amount payable for the period referred to in sub-clause (i) or (ii), as the, case may be, shall be an amount bearing to the amount payable for one year of total service, the same portion as the said period bears to a period of one year of total service;(b)"monthly emoluments" shall mean-(i)Honorarium;(ii)Panchayat Development Allowance, which were payable to the part-time Village Servant for the whole of the calendar month immediately proceeding the date of his retirement, and(iii)an amount equal to one-twelfth of the consolidated annual travelling allowance for the year ending with the 31st March of the year of retirement:Provided that where the part-time Village Servant was on leave other than casual leave or was absent without authorisation, or was under suspension, during the whole or part of the month proceeding his retirement, the monthly emoluments shall mean,-(i)Honorarium; and(ii)Panchayat Development Allowance, which would have been payable to him for the whole of the said month preceding his retirement, but for such leave, absence or suspension; and(iii)an amount equal to one twelfth of the consolidated annual travelling allowance for the year ending with the 31st March of the year of retirement;(c)"total service" shall not include any period during which a part-time Village Servant was-(i)on leave other than casual leave, or(ii)absent without authorisation, or(iii)under suspension.(3)(a)The competent authority shall, on an application made, determine by an order in writing the amount to be paid under sub-rule (1) and such order shall, subject to an appeal under sub-rule (6), be final;(b)(i)The application referred to in clause (a) shall be made by the person, referred to in sub-rule (1), or in the event of death of such person by his legal heir or heirs, in Form-A. It shall be made in duplicate and sent to the competent authority within sixty days from the date of retirement of the person referred to in sub-rule (1):Provided that the competent authority may, for just and sufficient cause, condone any delay in this regard.(ii)On receipt of the application under clause (a), the competent authority shall forward one copy of the application to the Tahsildar concerned and obtain his report regarding the correctness of the particulars furnished in the application. The Tahsildar shall send this report to the competent authority within thirty days from the date of receipt of the application from the competent authority. Where records are not readily available to certify the correctness of the particulars furnished in the application, the Tahsildar shall make a through search for such records, make necessary enquires in his office or elsewhere and send the report to the competent authority within sixty days from the date of receipt of the application from the competent authority.(4)Determination of amount by competent authority. - (i) On receipt of the report from the Tahsildar, the competent authority shall determine the amount payable under this rule after taking into account, the total service put in by the Part-time Village Servant;(ii)the competent authority shall, after arriving at the amount under sub-rule (1), issue a notice in Form B to the part-time Village Servant or his legal heir/ heirs;(iii)after considering the representation, if any, of the part -time Village Servant or his legal heir/ heirs, the competent authority shall pass an order determining the amount in Form C.(5)Payment of amount. - Based on the order of the competent authority determining the amount payable under this rule, the Tahsildar concerned shall, cause the amount to be paid within a period of three months-(a)in case where there is no appeal, from the date of the order of the competent authority under sub-rule (4);(b)in case where there is appeal, from the date of the order of the District Collector under sub-rule (6).(6)Appeal to District Collector. - (i) Any person aggrieved by the order of the competent authority passed under sub-rule (4) determining the amount payable under this rule, may prefer an appeal to the District Collector concerned enclosing a copy of the order appealed against, within thirty days from the date of receipt of the order of the competent authority.(ii)On receipt of the appeal under clause (i), the District Collector shall call for a report and connected records from the competent authority and, after giving a reasonable opportunity of being heard to the appellant, pass an order on the appeal.(7)The order passed by the District Collector under sub-rule (6) shall be final.]
