Section 47 in Tamil Nadu Government Servants (Conditions of Service) Act, 2016
47. Temporary promotion.
(1)Where it is necessary in the public interest owing to an emergency which has arisen to fill immediately a vacancy in a post borne on the cadre of a higher category in a service or class by promotion from lower category and there would be undue delay in making such promotion in accordance with the provisions of the Act, the appointing authority may temporarily promote a person, who possesses the qualifications prescribed for the post, otherwise than in accordance with the provisions of this Act.(2)Where it is necessary to fill a short vacancy in a post borne on the cadre of a higher category in service or class by promotion from lower category and the appointment of the person who is entitled to such promotion under the provisions of the Act would involve excessive expenditure on travelling allowance or exceptional administrative inconvenience, the appointing authority may promote any other person who possesses the qualification, if any, prescribed for the higher category.(3)A person temporarily promoted under sub-section (1) shall be replaced as soon as possible by the member of the service, who is entitled to promotion under the Act.(4)Where it is necessary to promote an officer against whom an enquiry into allegations of corruption or misconduct is pending, but no charge sheet has been filed in the criminal case or where no charge under sub-rule (b) of rule 17 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules have been framed or no proceedings before the Tribunal for Disciplinary Proceedings is pending, the appointing authority may promote him temporarily pending enquiry into the allegations against him.(5)A person promoted under sub-section (1), (2) or (4) shall not be regarded as a probationer in the higher category or be entitled by reason only of such promotion to any preferential claim to future promotion to such higher category. The services of a person promoted under sub-section (1), (2) or (4) shall be liable to be terminated by the appointing authority at any time without notice and without any reason being assigned.(6)(i)A person promoted under sub-section (1), (2) or (4) shall commence his probation, if any, in such category either from the date of his temporary promotion or from such subsequent date as the appointing authority may determine:Provided that on the date so determined, the person possesses all the qualifications prescribed for promotion to the service, class or category, as the case may be.(ii)He shall also be eligible to draw increments in the time scale of pay or pay band applicable to him from the date of commencement of his probation. Where commencement of probation is ordered from a date earlier than the date of the order and if this has not been enabled by relaxation of any provisions of the Act, he shall draw increments, including arrears, in the time scale of pay or pay band applicable to him from such earlier date. The appointing authority shall include a provision to this effect while issuing order in all such cases.(7)A person promoted under the Act to hold a post borne on the cadre of a service, class or category, who has rendered continuous temporary service shall be eligible to draw annual increments in the scale of pay or pay band for the post, subject to the condition that this Act do not prescribe any special qualification to be acquired or test to be passed as a condition precedent to the drawal of such increment or increment is not denied as a measure of penalty.
