Section 19 in Tamil Nadu Government Servants (Conditions of Service) Act, 2016
19. Appointment by agreement.
(1)When in the opinion of the Government, special provisions inconsistent with any of the provisions of this Act or of any other rules made under the proviso to Article 309 of the Constitution or continuing by Article 313 of that Constitution (hereinafter referred to in this section as the said rules) are required in respect of conditions of service, pay and allowances, pension, discipline and conduct with reference to any particular post, or any of them, it shall be open to the Government to make an appointment to such post otherwise than in accordance with this Act or the said rules and to provide by agreement with the person so appointed for any of the matters in respect of which in the opinion of the Government special provisions are required to be made and to the extent to which such provisions are made in the agreement, nothing in this Act or the said rules shall apply to any person so appointed in respect of any matter for which provision is made in the agreement:Provided that in every agreement made in exercise of the powers conferred by this section, it shall further be provided that in respect of any matter in respect of which no provision has been made in the agreement, the provisions of this Act or of the said rules shall apply.(2)A person appointed under sub-section (1) shall not be regarded as a member of the service in which the post to which he is appointed is included and shall not be entitled by reason only of such appointment to any preferential claim to any other appointment in that service or any other service.
