Section 36 in Tamil Nadu Government Servants (Conditions of Service) Act, 2016
36. Appeal against discharge.
(1)A probationer who is discharged under clause (ii) of sub-section (1) of section 31 or under sub-section (3) of section 32 shall be entitled to appeal against the order of discharge passed by the competent authority to the authority to which and within the period of limitation within which an appeal would lie against an order of dismissal passed by the competent authority against a full member of his service, class or category, as the case may be:Provided that in the case of a probationer in a State Service who is discharged from service by an authority subordinate to the Government, an appeal shall lie to the Government.(2)The authority competent to entertain an appeal under sub-section (1) may, either of its own motion or otherwise, revise any order discharging a probationer under any of the provisions referred to in the said sub-section within one year of the date of such order.(3)(i)When an order discharging a probationer is set aside on appeal under sub-section (1) or on revision under sub-section (2) and the probationer is restored to the service, the period on and from the date of discharge, to the date of such restoration may, with the previous sanction of the Government, be treated as on duty except for purposes of probation. The period of probation undergone by such probationer at the time of his discharge shall, however, count towards the period of probation. Such probationer may, during the period on and from the date of his discharge to the date of his restoration, be paid such pay and allowances not exceeding the pay and allowances to which he would have been entitled if he had not been discharged, as the authority passing the order under sub-section (1) or (2) may, with the previous sanction of the Government, determine.
