Section 11 in Tamil Nadu Town Panchayat Establishment (Qualification and Recruitment of Office Assistants) Rules, 1988
11. Discharge and re-appointment of probationers and approved probationers.
(a)(i)The probationers and approved probationers shall be discharged or reverted for want of vacancies in the order of juniority.Explanation. - For the purposes of this sub-rule juniority as between probationers in a post and as between approved probationers in a post, shall be determined with reference to the date of first appointment. Where the date by which seniority is determined is the same as in the case of two or more persons in a post their seniority inter shall be determined by the order of preference, if any, previously laid down in their case. If no such order of preference has been laid down in their case, or in case of doubt, seniority shall be determined by the appointing authority.(ii)Probationers and approved probationers who have been discharged or reverted for want of vacancies under clause (i) shall be reappointed as and when vacancies arise, in the inverse of the order laid down in that clause:Provided that nothing contained in this sub-rule shall be deemed to give any such persons a right to be reappointed in preference to another who has been discharged or reverted subsequently under clause (1) sub-clause (ii) of that sub-rule.(b)(i)When any post or posts are abolished, the orders in which persons shall be selected for discharge or reversion from the post concerned shall be in order of juniority:Provided that no person shall be discharged on the abolition of any post unless he cannot be provided for otherwise;Explanation (1). - Appointment the pay of which is reduced, shall be deemed to be abolished within the meaning of this clause.Explanation (2). - For the purpose of this clause juniority or seniority shall be determined in cases of probationers and approved probationers according to the date of first appointment in the post concerned:Provided that where the date by which seniority is determined is the same in the case of two or more persons in a post their inter-se seniority shall be determined in the order laid down in the Explanation to clause (i) of sub-rule (a); and(ii)Where a person to be discharged under clause (i) holds a post to which promotions are normally made from a lower post, he shall, if he so desires instead of being discharged, be reverted to such lower post and be placed at the top thereof and shall accordingly be treated for purpose of selection of persons for discharge or reversion from such lower post;(iii)Before a permanent servant is discharged under this sub-rule, notice of not less than three months shall be given and if the period by which the notice actually given, falls short of three months and the servant has not been provided with other employment on the date on which his services are dispensed with a gratuity not exceeding his emoluments for the period falling short of three months shall with the sanction of the authority competent to dispense with the service of the servant concerned, be paid to him in addition to the gratuity, if any to which he may be entitled under the rules in that behalf;(iv)Persons, who have been discharged or reverted from such post under this sub-rule, shall, so long as such persons desirous of such appointment are available, be appointed in the inverse of the order in which they were discharged or reverted against the vacancies that may subsequently arise:Provided that if the appointing authority considers it is not desirable that any person should be appointed under this rule he may for reasons to be recorded in writing and communicated to the person concerned refuse to appoint him and an appeal shall lie from such refusal as if it were an order of dismissal.
