Section 12 in Tamil Nadu Government Servants (Conditions of Service) Act, 2016
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,-(a)for re - appointment to a substantive or officiating vacancy in the class, category, grade or post in which he may be a probationer or an approved probationer;(b)for promotion to a higher category in such service;(c)for appointment to any substantive or officiating vacancy in another service for which he may be an approved candidate, as the case may be, in the same manner as if he had not been absent. He shall be entitled to all the privileges in respect of appointment, seniority, promotion and appointment as full member which he would have enjoyed, but for his absence, subject to his completing satisfactorily the period of probation on his return;(d)for appointment to any substantive or officiating vacancy in another service, if according to the provisions governing appointment to such other service-(i)he is entitled to such appointment; and(ii)the normal method of recruitment to such other service is by transfer from the service of which he is a member or any class or category thereof:Provided that a member of a service who is appointed to another service outside his regular line and is continuing in that service beyond five years shall not be considered for promotion or for appointment by recruitment by transfer to a higher post in his regular line eventhough he is otherwise qualified for such promotion or appointment, unless he returns to the former service and puts in a fresh service for a period of not less than one year in the former service.
