State of Tamilnadu- Act
Tamil Nadu Government Servants (Conditions of Service) Act, 2016
TAMILNADU
India
India
Tamil Nadu Government Servants (Conditions of Service) Act, 2016
Act 14 of 2016
- Published on 1 January 1955
- Commenced on 1 January 1955
- [This is the version of this document from 1 January 1955.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and Commencement.
2. Application.
- This Act shall apply to the holders of all posts, whether temporary or permanent, in all State and Subordinate Services except to the extent otherwise expressly provided-3. Definitions.
- In this Act, unless the context otherwise requires,-(a)"appointed by transfer" means appointment of a member of a service from one category to another category in the same service carrying identical scale of pay or pay band;(b)"appointed to a service" means when a person appointed in accordance with this Act or in accordance with the rules applicable at the time, as the case may be, discharges, for the first time the duties of a post borne on the cadre of such service or commences the probation, instruction or training prescribed for members thereof.Explanation. - The appointment of a person holding a post borne on the cadre of one service to hold additional charge of a higher post in the same service or a post borne on the cadre of another service or to discharge the current duties thereof does not amount to appointment to the latter service;(c)"approved candidate" means a candidate whose name appears in an authoritative list of candidates approved for appointment to any service, class or category;(d)"approved probationer" means member of a service, class or category, who has satisfactorily completed his probation and awaits appointment as a full member of such service, class or category;(e)"Arunthathiyars" means the castes, Arunthathiyar, Chakkiliyan, Madari, Madiga, Pagadai, Thoti and Adi Andhra within the list of 76 Scheduled Castes notified by the President of India under Article 341 of the Constitution by the Constitution (Scheduled Castes) Order, 1950;(f)"Backward Classes" means the communities specified as Backward Classes, Backward Class Muslims, Most Backward Classes and Denotified Communities in Parts A, B, C and D respectively, of Schedule-I.Explanation. - Persons who belong to the State of Tamil Nadu alone, who belong to one of the communities specified in Schedule-I, shall be treated as persons who belong to one of such communities;(g)"Commission" means the Tamil Nadu Public Service Commission;(h)"committee on appeals" means the committee specified in section 67;(i)"discharge of a probationer" means, in case the probationer is a full member or an approved probationer of another service, class or category reverting him to such service, class or category and in any other case, dispensing with his services;(j)"ex-servicemen" means,-(i)any person, who had served in any rank (whether as combatant or not) in the Armed Forces of the Union and has been released therefrom on or before the 30th June 1968 otherwise than by way of dismissal or discharge on account of misconduct or inefficiency; or(ii)any person, who had served in any rank (whether as combatant or not) in the Armed Forces of the Union for a continuous period of not less than six months after attestation and released therefrom between 1st July 1968 and 30th June 1979 (both days inclusive) otherwise than by way of dismissal or discharge on account of misconduct or inefficiency; or(iii)any person, who had served in any rank (whether as combatant or not) in the Armed Forces of the Union for a continuous period of not less than six months after attestation, if released between 1st July 1979 and 30th June 1987 (both days inclusive),-(a)for reasons other than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency; or(b)at his own request after serving for a period of not less than five years; or(iv)any person, who had served in any rank (whether as combatant or not) in the Armed Forces of the Union, and had retired or had been released on or after 1st July 1987 from such service,-(a)at his own request after earning his pension; or(b)on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or(c)otherwise than at his own request after earning his pension, as a result of reduction in establishment; or(d)after completing specific period of engagement, otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency and has been given a gratuity;(v)any person of the Territorial Army of the following categories, namely, pension holder for continuous embodied service, person with disability attributable to military service and gallantry award winner retired on or after 15th November 1986;or(vi)any person of the Army Postal Service who retired on or after 19th July 1989 directly from the said service without reversion to Postal and Telegraph Department with pension or who has been released on or after 19th July 1989 from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or(vii)any person discharged on or after July 1987 under Army Rule 13(3) III (V) for the reason that his service is no longer required and in receipt of pension:Provided that in all cases, an ex-serviceman once recruited to a post in any service or class or category, cannot claim the concession of being called an exserviceman for his further recruitment:Provided further that a person discharged before July 1987 under Army Rule 13 (3) III (V) for the reason that his service is no longer required is not an ex-serviceman;(k)"full member" means a member whose service has been confirmed in the service in which he has been first appointed;(l)"Government" means the State Government;(m)"member of a service" means a person who has been appointed to that service and who has not retired or resigned, been removed or dismissed, been substantively transferred or reduced to another service or been discharged otherwise than for want of vacancy. He may be a probationer, an approved probationer or a full member of that service;(n)"military duty" means,-(i)duty of any kind (including a course of training) involving subjection to Naval, Military or Air Force Law; or(ii)duty (including a course of training), with a liability to serve overseas or in any operational area in Naval, Military or Air Force unit or formation or under Military, Munitions or Stores authorities or in factories; or(iii)whole time duty in-(a)the Civil Pioneer Force, the Madras Civil Labour Units or the Madras Labour Units for Ceylon; or(b)the Armed Reserve Police or any other Civil Defence Organisation specified by the Central Government; or(c)any post created for the efficient prosecution of the war of 1939-1946 or associated with the training of war technicians, if duty in such post is declared by the Central Government to be military duty.Explanation. - No duty shall be treated as military duty unless either of the following condition is satisfied:-(i)It must have been rendered within the period commencing on the 3rd September 1939 and ending with the 21st November 1948:Provided that if it commenced on or after the 2nd April 1946, it shall not be reckoned as military duty; or(ii)It must have been rendered within the period commencing on the 26th October 1952 and ending with the 10th January 1968;(o)"on duty" means a person as a member of a service,-(i)when he is performing the duties of a post borne on the cadre of such service or is undergoing the probation, instruction or training prescribed for such service;(ii)when he is on joining time; or(iii)when he is absent from duty during vacation or on authorised holidays or on casual leave taken in accordance with the instructions regulating such leave issued by the Government having been on duty immediately before and immediately after such absence;(iv)when he has compulsorily to wait for orders of posting on return from leave;(p)"probationer in a service" means a member of that service who has been placed on probation as prescribed in the special rules applicable to him and not completed his probation;(q)"promotion" means the appointment of a member of any category or grade of service or class of service to a higher category or grade of such service or class;(r)"recruited direct to a service" means when a candidate, in case his first appointment to a service, class or category has to be made in consultation with the Commission, on the date of its notification inviting applications for the recruitment and in any other case, at the time of his first appointment thereto, he is not in the service of the Government of India or the Government of a State:Provided that, for the purpose of this definition, a person shall be deemed to be not in the service of the Government of India or the Government of a State-(i)if a period of five years has not elapsed since his first appointment to a service of the Government of India or the Government of a State; or(ii)if he belongs to the Scheduled Castes, Schedules Tribes or Backward Classes;(s)"recruited by transfer to a service" means,-(i)if, at the time of his first appointment to a service, class or category, he is either a full member or an approved probationer in the Madras High Court Service or in any other service, the rules for which prescribe a period of probation for member thereof; or(ii)in case, at the time of his first appointment thereto, he is the holder of a post which has been included in another service but for which no probation has been prescribed, if he has put in that post satisfactory service for a total period of two years on duty within a continuous period of three years.Explanation. - Where the special rules for a service provide for recruitment to that service or to any class or category thereof by transfer from any specified service, class or category, a candidate need not, for the purpose of such recruitment, be a full member or an approved probationer in the service, class or category so specified, provided he is a full member or an approved probationer in any other service, class or category;(t)"recruitment agency" means the Tamil Nadu Public Service Commission, the Teachers Recruitment Board, the Tamil Nadu Uniformed Service Recruitment Board, the Tamil Nadu Medical Services Recruitment Board and such other bodies constituted by the Government for selection of candidates for appointment to any service;(u)"reserve list" means a list which is prepared so as to contain not less than twenty five per cent of the candidates of each reservation group including General Turn in the regular list and shall be in force until the regular list is drawn up subsequently;(v)"Schedule" means the Schedule appended to this Act;(w)"Scheduled Castes" means the communities mentioned in Part-A of Schedule-II.Explanation. - No person who professes a religion different from Hinduism or Sikhism or Buddhism shall be deemed to be a member of a Scheduled Caste:Provided that nothing contained in this Explanation shall adversely affect the notifications issued and selections or appointments made during the period on and from the 3rd June 1990 to the 1st August 2008;(x)"Scheduled Tribes" means the communities mentioned in Part-B of Schedule-II;(y)"service" means a group of persons classified by the Government as a State Service or Subordinate Service, as the case may be.Explanation. - Where the context so requires, "service" means the period during which a person holds a post or a lien on a post or is a member of a service as above defined;(z)"Special Rules" means the rules in Part-III of the Tamil Nadu State and Subordinate Service Rules applicable to each service or class of service;(za)"war service" means-(i)service of any kind in a unit or formation liable for service overseas or in any operational area or in the Indian National Army (I.N.A);(ii)service in India under military, munitions or stores authorities or in factories with a liability to serve overseas or in any operational area;(iii)all other service involving subjection to Naval, Military or Air Force Law;(iv)a period of training with a Military unit or formation involving liability to serve overseas or in any operational area;(v)valuable service rendered to the fighting forces in otherways, e.g., by way of recruiting;(vi)service in Armed Reserve Police or any other civil defence organisation specified in this behalf by the Central Government or any Government;(vii)any service connected with the prosecution of the war which a person was required to undertake by a competent authority under the provisions of any law for the time being in force;(viii)service in any of the following:-(a)National war front organisation;(b)Camouflage organization;(c)Special organisation for the production of war supplies through small scale industries;(d)any post associated with the training of war technicians if duty, in such post is declared by the Central Government to be, Military duty;(e)post of Special Constable on coastal patrol duty; and(f)survey of India if the service was temporary and involved liability for service overseas.Explanation. - (1) Only whole time service of any of the kinds specified above will be recognised as war service.4. Classification.
- Persons holding posts under the Government shall be classified into following groups, namely:-| Group A | Employees in posts drawing Grade Pay ofRs.6,600/- and b above; |
| Group B | Employees in posts drawing Grade Pay ofRs.4,400/- and above, but below Rs.6,600/-; |
| Group C | Employees in posts drawing Grade Pay ofRs.1,400/- and above, but below Rs.4,400/-; |
| Group D | Employees in posts drawing Grade Pay ofRs.1,300/-. |
5. Pay, allowances, leave, leave salary, pension and other conditions of service.
- The Tamil Nadu Civil Services (Discipline and Appeal) Rules, the rules regulating the pay of the services, the Tamil Nadu Government Servants' Conduct Rules, 1973, the Fundamental Rules, the Tamil Nadu Leave Rules, 1933 and the Tamil Nadu Pension Rules, 1978, shall in so far as they may be applicable and except to the extent expressly provided in this Act, govern members of every service in the matter of their pay, allowance, leave, leave salary, pension and other conditions of service:Provided that save as otherwise expressly provided in the special rules nothing contained in this Act shall affect the operation of the provisions of rule 16 of the Tamil Nadu Pension Rules, 1978 relating to the fixation of pay of a member of a service who is in receipt of a military pension:Provided further that a person appointed in a department, performing agency functions on behalf of the Central Government in pursuance of the provisions of clause (1) of Article 258 of the Constitution shall be governed in the matter of his leave and pension by the rules issued by the Central Government in that behalf:Provided also that the said rules shall, in their application to the members of the Secretariat staff of the Governor, be construed as if the functions of the Government under those rules were the functions of the Governor.6. Cadre.
- The permanent cadre of each service, class, category and grade shall be determined by the Government.7. Approved candidates.
| Number of vacancies. | Number of qualified candidates to be considered. |
| 1-20 | 200% of the actual number of estimatedvacancies; |
| 21-80 | 175% of the actual number of estimatedvacancies, subject to a minimum of 40; |
| 81 and above | 150% of the actual number of estimatedvacancies, subject to a minimum of 140: |
8. Application fee for recruitment.
- Every candidate for appointment to any service, who, in response to a notification issued by the Commission, makes an application, shall remit the fee that may be prescribed by the Government, from time to time:Provided that this section shall not apply to a candidate belonging to any of the Backward Classes, who has taken a degree whatever may be the post or service with reference to which the application is made:Provided further that this section shall not apply to a candidate belonging to any of the Scheduled Castes or Scheduled Tribes whatever may be the post or service with reference to which the application is made:Provided also that this section shall not apply to candidates who have rendered war service:Provided also that this section shall not apply to the members of the Operation Subordinate Service and work-charged establishment of the Electricity Department who apply for the posts reserved for such members only:Provided also that this section shall not apply to the members of the workcharged establishment under the Electrical Engineer (General) who apply for recruitment to the posts of Supervisors (Electrical), II Grade, in the Tamil Nadu Electrical Subordinate Service:Provided also that the concession under the first proviso shall be restricted to three free chances in the case of candidates belonging to any of the Backward Classes.Explanation. - The examination for each group will be a combined one for the purpose of filling vacancies in the services included in that Group A candidate may apply to be admitted to all or any of the services in each group if he wishes to be admitted as a candidate for more than one service in the same group, he shall send only one application. But, if he wishes to be admitted as a candidate for services in more than one group, he shall send one application for each group. He will be required to pay the fees mentioned in this section one for each group and will not be required to pay separate fees for each service in a group for which he applies. If, however, he applies for more than one group, he will be required to pay separate fees for each group:Provided also that this section shall not apply to Ex-servicemen as defined in clause (j) of section 3. But, the exemption herein granted shall be restricted to two free chances:Provided also that this section shall not apply to a Differently abled candidate:Provided also that this section shall not apply to destitute widows defined in Explanation I under sub-section (8) of section 20.9. Method of recruitment.
- Notwithstanding anything contained in the Special Rules for various State and Subordinate Services, where the normal method of recruitment to any service, class or category is neither solely by direct recruitment nor solely by recruitment by transfer but is both by direct recruitment and by recruitment by transfer,-10. Right of probationers and approved probationers to re appointment.
- A vacancy in any service, class or category not being a vacancy which shall be filled by direct recruitment under the special rules referred to in clause (a) of section 9 shall not be filled by the appointment of a person who has not yet commenced his probation in such service, class or category when an approved probationer or a probationer therein is available for such appointment.11. Discharge and re appointment of probationers, approved probationers and full members.
12. Members absent from duty.
- The absence of a member of a service from duty in such service, whether on leave, or on foreign service or on deputation or for any other reason and whether his lien in a post borne on the cadre of such service is suspended or not, shall not, if he is otherwise fit, render him ineligible in his turn,-13. Right to be a probationer or approved probationer, in two or more services.
- A member of a service, who has been appointed to another service and is a probationer or approved probationer in the latter service, shall not be appointed to any other service for which he may be an approved candidate, unless he relinquishes his right in the latter service.14. Service right in former service.
- A member of a service, whenever selected by direct recruitment for appointment in any other service of the Government or in other State Governments, Central Government, Universities, or any other quasi-government organisations, shall hold the service right in the former service for a period not exceeding one year only from the date of relief from the former service:Provided that the persons appointed to the services of other State Governments, Central Government, Public Sector Undertakings, or Local Bodies, Corporations, Universities or any other quasi-government organisations, shall hold such service right in their former services only if the pay, leave salary and pensionary contributions for the said period of one year are paid by such other State Governments, Central Government, Public Sector Undertakings, Local Bodies, Corporations, Universities or any other quasi-government organisations or by the individual concerned.15. Age concession for appointment on compassionate grounds.
- Notwithstanding anything contained in the Special Rules for various State and Subordinate Services regarding the maximum age limit for appointment by direct recruitment, in the case of appointment on compassionate grounds, the maximum age limit shall be thirty five years of age in respect of the sons or the unmarried daughters and fifty years of age in respect of wife or husband of the Government servant, who died in harness while in service, or retired from service on medical invalidation before attaining the age of fifty three years, as the case may be.Explanation I. - For the purpose of considering the maximum age limit, the date of death of the Government servant or the date of retirement on medical invalidation before he attains the age of fifty three years, as the case may be, shall be taken into account.Explanation II. - The expression 'sons and daughters' in this section shall includes a widowed daughter, divorced daughter, or a married daughter deserted by her husband and living with the family of the deceased Government servant, a legally adopted son or a legally adopted daughter, whose adoption was made during the life time of the deceased Government servant:Provided that in respect of legally adopted son, it shall be with effect on and from the 11th March 1982; in respect of legally adopted unmarried daughter, it shall be with effect on and from the 26th October 1983; in respect of a widowed daughter or a divorced daughter, it shall be with effect on and from the 17th June 1991; and in respect of a married daughter deserted by her husband and living with the family of the deceased Government servant, it shall be with effect on and from 16th July 1993:Provided further that the widowed daughter or divorced daughter or a married daughter deserted by her husband and living with the family of the deceased Government servant shall not be eligible to avail the concession of appointment on compassionate grounds, unless they are nominated in writing by the widow or widower of the deceased Government servant.16. Employment concession for Outstanding Scouts.
- Notwithstanding anything contained in this Act or in the special rules for various State and Subordinate Services, other things being equal, preference shall be given to the Outstanding Scouts for appointment to any post by direct recruitment.Explanation. - For the purpose of this section, "Outstanding Scout" means a Scout who has received the award of the President of India.17. Temporary appointments.
18. Recruitment to posts, which are outside the purview of the Commission.
19. Appointment by agreement.
20. Qualifications.
| Subject for the Examination | Minimum percentage of marks |
| (1) English | 35 |
| (2) General knowledge | 35 |
21. Linguistic qualification.
22. Language test.
| Item of Syllabus | Maximum marks | Minimum marks fora pass | Aggre gate marks for a pass | Duration of test. |
| (1) | (2) | (3) | (4) | (5) |
| Part I - Dictation of half a page typed matter | 60 | 24 | 10 minutes | |
| Part II-Reading | 40 | 16 | 50 |
23. Special provisions relating to certain degrees.
- Where the special rules for a service prescribe any of the degree specified in column (1) of the Table below as a special qualification for appointment to any post included therein, a person who holds the degree specified in the corresponding entry in column (2) thereof, shall, except where a contrary intention appears from the said special rules, be deemed to possess the said special qualification.| (1) | (2) |
| (1) B.A. (Hons.) or B.Sc. (Hons.) or M.A. orM.Sc. degree. | B.Com. (Hons) or M.Com. degree of anyUniversity recognized by the University Grants Commission. |
| (2) B.A. or B.Sc., degree. | (i) B.Com., degree of any University recognizedby the University Grants Commission. |
| (ii) B.O.L. of Annamalai University. | |
| (iii) B.B.A. of Madurai-Kamaraj University. | |
| (iv) B.Litt. of Madras University. | |
| (3) B.A., B.Sc., or B.Com. degree. | (i) B.O.L. of Annamalai University. |
| (ii) B.B.A. of Madurai-Kamaraj University. | |
| (iii) B. Litt. of Madras University | |
| (iv) B.B.M. and B.Litt. of BharathiarUniversity. |
24. Exemption from special qualification to be acquired or special test to be passed during probation.
- Where a probationer has, before he commenced his probation, already acquired any special qualification or passed any special test prescribed by the special rules, or has acquired such other qualification as may be considered by the Government or by the appointing authority with the approval of the Government to be equivalent to the said special qualification or special test, he shall not be required to acquire such special qualification or to pass such special test again after the commencement of his probation.25. Special qualifications.
- No person shall be eligible for appointment to any service, class, category or grade or any post borne on the cadre thereof unless he,-26. Appointment of women.
27. Reservation of appointments.
- Where the special rules lay down that the principle of reservation of appointments shall apply to any service, class or category, selection for appointment thereto shall be made on the following basis:-28. Date of commencement of probation of persons first appointed temporarily.
29. Service in a different service counting for probation.
30. Completion of probation and drawal of arrears of increment.
- A probationer shall be eligible for sanction of increments on normal dates irrespective of declaration of satisfactory completion of probation, subject to the provisions in section 33 so far as it relates to extension of probation on the grounds of unsuitability. In cases where the probationer is to acquire any special qualification or to pass any prescribed test within the period of probation, or within the extended period of probation referred to in section 33, the first increment, in case where the period of probation is one year and the second increment, in case where the period of probation is two years, shall be sanctioned only after acquiring the qualification or passing the test.31. Termination or extension of probation.
32.
33. Extension of probation.
34. Exercise of certain powers of appointing authority by higher authorities.
- The powers conferred on the appointing authority, other than the Government, may be exercised also by any higher authority to whom the appointing authority is administratively subordinate whether directly or indirectly, in the following cases:-35. Exercise of certain powers of appointing authority by lower authorities.
- The powers conferred on the appointing authority or the competent authority, as the case may be, to declare the satisfactory completion of probation under section 32 or to extend the period of probation under section 31 or section 33 shall also be exercised by an authority competent to withhold the increment of a Government servant:Provided that the Head of an office shall also exercise the powers conferred on the appointing authority to declare the satisfactory completion of probation under section 32 of Government servants in Group 'D'.36. Appeal against discharge.
37. Appointment of full members.
- Subject to the provisions of section 12 and sub-section (1) of section 40, an approved probationer shall be considered for confirmation of service immediately after the declaration of his probation. Such confirmation of service shall be made in the entry level post to which he was first appointed. A specific order of confirmation of service shall be issued.38. Appointment as full member, discharge and reappointment of member who are not probationers or approved probationers.
- In regard to person appointed to any class or category of a service by promotion, in respect of whom the special rules of the service do not prescribe a period of probation in the class or a category to which they have been promoted, sections 10, 11 and 37 shall be construed as if 'probation' and 'probationer' or 'approved probationer' meant 'officiating service' and 'person officiating' respectively.39. Penalty for failure to pass prescribed test.
- Where the special rules prescribe stoppage of increments as a penalty for failure to pass a special test or acquire a special qualification prescribed in those rules, such failure shall, in the case of member who has reached the maximum of the time scale of pay applicable to him, render him liable to the penalty of reduction to the next lower stage in his time scale.40. Fixation of seniority.
41. Promotion.
42. Appointment to higher category not to be considered if he had been on leave for three or four years or more continuously.
- Notwithstanding anything contained in sections 41 and 43, a member of a service who had been on leave for a period of three years continuously for any reason except higher studies or for a period of four years continuously for higher studies, shall not be considered for appointment to a higher category either by promotion or by recruitment by transfer unless he has completed service for a period of one year from the date on which he joins duty on return from leave.43. Appointment by recruitment by transfer.
- Appointments by recruitment by transfer to a class or category in a State Service from among the holders of posts in a Subordinate Service shall be made on grounds of merit and ability, seniority being considered only where merit and ability are approximately equal.44. Promotion or recruitment by transfer during extension of service.
- No member of a service, who is on extension of service after superannuation, shall be considered for appointment either by promotion or by recruitment by transfer to a higher category, during the period of extension of service.45. Revision of list approved candidates for appointment by promotion or by recruitment by transfer.
- The list of approved candidates for appointment by promotion or by recruitment by transfer may be revised by an authority to which an appeal or review would lie against an order of dismissal passed on a full member of the service, class, category or grade, as the case may be. Such revision may be made by the appellate authority or the reviewing authority, as the case may be, aforesaid after consulting the Commission where such consultation is necessary in respect of posts which are within the Commission's purview either suo motu at any time, or on a petition submitted by an aggrieved member within two months in the case of State Services and within three months in the case of Subordinate Services, from the date on which the list is displayed in the Notice Board in the office of the appointing authority. If no representation is received within the said period, the list communicated shall be deemed to be final:Provided that the above said period may be extended by the appellate authority or the reviewing authority, as the case may be, if sufficient cause is shown for the delay in the submission of the petition.46. Annulment or modification of list of approved candidates for appointment or promotion by Government.
- Notwithstanding anything contained in this Act or in the special rules, the Government shall have power to annul, modify a list of approved candidates for appointment or promotion to any category, class or service prepared by the head of a department or any other lower authority.47. Temporary promotion.
48. Posting and transfer.
49. Consequence of resignation.
- A member of a service shall, if he resigns his appointment, forfeit not only the service rendered by him in the particular post held by him at the time of resignation, but all his previous service under the Government. The re-appointment of such person to any service shall be treated in the same way as a first appointment to such service by direct recruitment and all the provisions governing such appointment shall apply and on such re-appointment, he shall not be entitled to count any portion of his previous service for any benefit or concession admissible under this Act:Provided that nothing contained in this section shall affect the operation of the proviso to rule 23 or of rule 25 of the Tamil Nadu Liberalised Pension Rules, 1978:Provided further that a member of a service, who has resigned his appointment and contested in the General Election to Parliament or State Legislature or in the elections to local bodies either as a party candidate or as an independent candidate shall not be eligible for re-appointment to any service.50. Acceptance of resignation.
51. Military duty to count for pension.
52. Reversion and reappointment of full member.
- A full member shall be liable to be reverted to the lower post from which he has been promoted at any time, if the number of persons so entitled for reversion is more than the number of posts available in the higher category.Explanation. - If a person who is confirmed or whose probation in a higher category has been declared as having been completed or one who is holding a post in a higher category on a regular basis, for which there is no probation, reverts from deputation or foreign service and if there is no vacancy in that category to accommodate him, the junior most person in the category appointed to the post shall be reverted. If, however, the person reverted from deputation or foreign service himself is the junior most, he shall be reverted to the next lower category from which he was earlier promoted.53. Appointment in place of members dismissed, removed, compulsorily retired or reduced in rank.
- Where a person has been dismissed, removed, compulsorily retired or substantively reduced from any service, class, category or grade, no vacancy caused thereby or arising subsequently in such service, class, category or grade, shall be substantively filled to the prejudice of such person until the expiry of a period of one year from the date of such dismissal, removal, compulsory retirement or reduction in rank or until the appeal, if any, preferred by him against such dismissal, removal, compulsory retirement or reduction in rank is decided, whichever is later.54. Savings.
55. Reemployment of pensioners.
- Nothing in the Act or the special rules shall be construed to limit or abridge the powers of the Government and of subordinate authorities to reemploy persons who have retired on a civil pension or gratuity or who while in service were subscribers to a Contributory Provident Fund, in any service in accordance with the provisions contained in the Tamil Nadu Pension Rules, 1978. The re-employment of such a person in any service shall not be regarded as a first appointment to that service.56. Appointment of All India Service Officers to State posts.
- Notwithstanding anything contained in the Act or the special rules, an officiating or permanent officer of an All India Service may be appointed to any State service or class or category thereof, such officer shall not, by reason of such appointment, cease to be a member of an All India Service:Provided that no member of the Indian Administrative Service or the IndianPolice Service shall be appointed to a post in any State Service, or class or category thereof, unless such post is declared by the Government to be equivalent in status and responsibility to a post specified in Schedule III to the Indian Administrative Service (Pay) Rules, 1954, or as the case may be, in Schedule III to the Indian Police Service (Pay) Rules, 1954 as may be in force, from time to time.57. Relinquishment of rights by members.
58. Power to deal with certain cases.
- Notwithstanding anything contained in this Act or in the special rules, the Governor shall have power to deal with the case of any person or class of persons serving in a civil capacity under the Government or of any person who has or of any class of persons who have served as aforesaid or any candidate or class of candidates for appointment to a service in such manner as may appear to him to be just and equitable:Provided that, where any provision of this Act or the special rules is applicable to the case of any person or class of persons, the case shall not be dealt with in any manner less favourable to him or them than that provided by that rule.59. Alteration of date of birth.
60. Correction of date of birth.
61. Age concession for discharged Government employees or temporary Government employees.
- Notwithstanding anything contained in the Act or in the special rules for the various State and Subordinate Services, in the case of discharged Government employee or a temporary Government employee who has not completed forty years of age, the actual period of his service under the Government, whether continuous or non-continuous shall be excluded in computing his age for appointment to any post under the Government including the appointment made through the Commission.Explanation. - For the purpose of this section, a discharged Government employee is a person who was in the employment of the State and was discharged because of reduction in establishment or for any other reason but not as disciplinary measure.62. Application of adhoc rules.
- Where a temporary post is made permanent and, if for any reason, no special rules governing such post are made, the adhoc rules applicable to the said post shall continue to apply to the said post, until special rules are made for the said post.63. Concession for Ex-servicemen.
64. Age concession for Differently abled.
- Notwithstanding anything contained in the Act or in the special rules for the various State and Subordinate Services, a Differently abled person shall be eligible for age concession upto ten years over and above the age limits prescribed for the appointment to the post by direct recruitment only, provided the applicant is otherwise fully suitable and the handicap is not such as would render his incapable of efficiently discharging the duties of the post for which he is selected.65. Age concession for persons affected due to the ban on direct recruitment.
- Notwithstanding anything contained in the special rules for the various State and Subordinate Services or in any adhoc rules applicable to any temporary post in the case of a person who has been affected due to the ban on direct recruitment that was imposed on the 29th November 2001, the upper age limit shall be raised to a maximum period of five years reckoned on and from the 17th July 2006, ending with the 16th July 2011, in computing his age for appointment to any post under the Government, except the categories of posts of Teachers, Doctors and Police Constabulary and shall be applicable in respect of notifications issued or selections made by the recruitment agencies or appointments made by the appointing authorities during the aforesaid period.66. Appeal or review.
67. Committee on appeals.
| Vigilance Commissioner and Commissioner | .. | Chairperson. |
| for Administrative Reforms. | ||
| Secretary to Government, Personnel andAdministrative Reforms Department. | .. | Convenor. |
| Secretary to Government of the administrativedepartment concerned. | .. | Member. |
| Secretary to Government, Law Department. | .. | Member. |
| Secretary to Government,Finance Department orhis nominee (Financial matters). | .. | Member. |
| Secretary, Tamil Nadu Public Service Commission(Special invitee, in cases where, the views of the Commission isrequired). | .. | Member. |