Section 28 in Tamil Nadu Government Servants (Conditions of Service) Act, 2016
28. Date of commencement of probation of persons first appointed temporarily.
(1)If a person appointed temporarily either under sub-section (1) or sub-section (2) of section 17 to fill a vacancy in any service, class or category otherwise than in accordance with the provisions governing the appointment thereto, such vacancy being a vacancy which may be filled by direct recruitment, is subsequently appointed to the service, class or category, he shall commence his probation, if any, in such category either from the date of his first temporary appointment or from such subsequent date, as the appointing authority may determine. If the post is one to which appointment may be made by transfer, and the person who had been appointed thereto either under sub-section (1) or sub-section (4) of section 17 is subsequently recruited thereto by transfer and included in the list of approved candidates, the appointing authority may, in his discretion, allow such person to commence his probation, if any, from the date of his first temporary appointment or from such subsequent date, as the appointing authority may determine:Provided that the date so determined by the appointing authority to commence probation in this section, shall not be earlier than the date of commencement of probation of the junior most person already in service:Provided further that on the date so determined by the appointing authority to commence probation in this section, the person shall not only possess all the qualifications prescribed for appointment to the service, but also be fit for inclusion in the list of approved candidates drawn up by the Commission or the appointing authority, as the case may be.(2)A person who commences probation under sub-section (1) 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 had not been enabled by relaxation of any rule, 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 orders in all such cases.
