Section 54 in Tamil Nadu Government Servants (Conditions of Service) Act, 2016
54. Savings.
(1)Unless a contrary intention is expressly indicated therein, nothing contained in this Act shall adversely affect any person who was a member of any service on the date of coming into force of the provisions of this Act.(2)Unless a contrary intention is expressly indicated therein, nothing contained in any special rules governing a service shall adversely affect any person who was a member of such service on the date of coming into force of the provisions of this Act.(3)Subject to the provision of sub-section (4), where this Act or the special rules would adversely affect in respect of any matter a person who was a member of any service before the date of coming into force thereof, he shall, in respect of such matter, be governed by the rules and orders, if any, which were applicable to him immediately prior to such date.(4)A person who before the issue of the special rules for a service had officiated in a post which was subsequently included in the service or a class or category thereof, but who is not entitled to be regarded as a probationer or as an approved probationer under sub-section (5) shall, if he is again appointed to such post after the issue of the special rules without contravening any orders of the Government, be entitled to count his previous service in such post towards the prescribed period of probation:Provided that such previous service shall not count towards probation if there was an interval of a continuous period of two years or more during which he was not holding a post in the same or higher category.Explanation. - The re-appointment of a person under this sub-section shall not, for the purpose of regulating recruitment, be regarded as first appointment to the service, class or category concerned.(5)If before the issue of the special rules, a person had been exempted under the orders then in force from the possession of any qualification or the passing of any test and the possession of such qualification or the passing of such test is prescribed by such special rules, they shall not apply to such person to the extent and in respect of the category, grade or post, specially covered by the order of exemption.
