Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 38] [Entire Act]

State of Tamilnadu - Section

Section 7 in Tamil Nadu Government Servants (Conditions of Service) Act, 2016

7. Approved candidates.

(1)All first appointments to any class or category or grade in any State Service or Subordinate Service, whether by direct recruitment or by recruitment by transfer or by promotion, shall be made by the appointing authority from a list of approved candidates. All appointments made by transfer, from one class to another class and from one category to another category, in the same service carrying identical scale of pay shall be made by the appointing authority from a list of approved candidates. Such list shall be prepared in the manner as specified in Schedule-XI by the appointing authority or any other authority empowered in the special rules in that behalf and shall be displayed in the notice board in the office of the appointing authority. The list shall also be communicated to all persons concerned by registered post whose names are found in the list as well as to persons senior to the junior most person included in the list whose names have not been included in the list. Where the candidates in such list are arranged in their order of preference, appointments to the service shall be made in such order:Provided that the list of approved candidates for appointment by promotion and by recruitment by transfer to all the categories of posts in the State and Subordinate Services shall be prepared annually against the estimated number of vacancies expected to arise during the course of a year. The estimate of vacancies shall be prepared taking into account the total number of permanent post in a category; the number of temporary posts in existence; the anticipated sanction of new posts in the next year; the recruitment post of leave reserves; the anticipated vacancies due to retirement and promotion, etc., in the course of the year and the number of candidates already in position in that category. The list of approved candidates, so prepared, shall be in force for a period of one year only and shall lapse at the end of the year. The candidates whose names were included in the previous list, but were not appointed, shall be considered, if eligible for inclusion in the list of next year along with their seniors, if any, whose names were not included in the previous list either because they were found not suitable or because they were not technically qualified when the previous list was drawn up:Provided further that, for preparing such lists to fill up vacancies, the names of the qualified candidates in the seniority list in a class, category or service shall be considered in the following proportions (rounding off fractions to the next whole number):-
Number of vacancies. Number of qualified candidates to be considered.
1-20 200% of the actual number of estimatedvacancies;
21-80 175% of the actual number of estimatedvacancies, subject to a minimum of 40;
81 and above 150% of the actual number of estimatedvacancies, subject to a minimum of 140:
Provided also that if the qualified candidates, after consideration of their claims, are found not suitable for the post, the names of the next qualified candidates, to the extent necessary, shall be considered:Provided also that in respect of each reserved vacancy to be filled up by the candidate belonging to the Backward Class, Backward Class Muslims or the Most Backward Class and Denotified Community or the Scheduled Caste or the Scheduled Tribe, the names of the first two qualified candidates belonging to the Backward Classes, Backward Class Muslims or Most Backward Classes and Denotified Communities or the Scheduled Castes and Scheduled Tribes, as the case may be, shall be considered, subject to their availability and if the first two qualified candidates belonging to the Backward Classes, Backward Class Muslims or Most Backward Classes and Denotified Communities or the Scheduled Castes and Scheduled Tribes, as the case may be, are found not suitable for the post, the claims of the next two qualified candidates belonging to that reserved category shall be considered. No reserved vacancy shall be left unfilled, except when no qualified candidates in the seniority list in a class, category or service belonging to that reserved category are available for consideration. In respect of a vacancy to be filled up by General Turn, the names of the qualified candidates including those belonging to the Backward Classes, Backward Class Muslims, the Most Backward Classes and Denotified Communities, the Scheduled Castes and the Scheduled Tribes in the seniority in a class, category or service shall also be considered:Provided also that in respect of filling up vacancies in the post of Head of Department, the number of names of qualified candidates to be considered shall be fixed as twice the number of vacancies plus three in the seniority list in a class, category or service.Explanation I. - The period of one year validity for the list of approved candidates shall be reckoned from the date of approval of the panel by the competent authority.Explanation II. - In respect of appointment to the posts, which are under the purview of the Commission, temporary list may be drawn and published as aforesaid with reference to the qualification on the date fixed for the regular lists to meet out the exigencies of service and to avoid administrative delay. Once a qualified candidate is included in the temporary list with reference to the qualification on the crucial date fixed for regular list, his rights for temporary appointment should be protected and he should not be overlooked in preference to a person, who was not included in the temporary list as he was not qualified on the crucial date, but subsequently qualified. The temporary list shall be adopted for giving temporary appointments till the regular list is approved and regular appointments are made with reference to the regular list.Explanation III. - No temporary list shall be prepared in respect of the posts for which the consultation of the Commission is not required and the list of names prepared, if any, shall be a regular one:Provided also that wherever, advancement to Higher temporary posts, under the scheme of "Flexible complementing" has been provided, a panel of persons who will be completing ten years of satisfactory service during the period from 1st June of a year to 31st May of the next year and are suitable for advancement to the next higher post, shall be kept ready every year so that the advancement may be sanctioned on completion of ten years of satisfactory service. Leave other than extraordinary leave without allowances should be taken into account while computing the ten years period. The period of ten years in the lower post will be reckoned from the date of regular appointment to that post, but will exclude the periods of reversion. The panel so prepared shall be utilised for promotion to higher posts in the regular line, except in respect of posts, for which consultation with the Commission is necessary for preparing the panel for appointment to higher posts in the regular line.Explanation. - The scheme of "Flexible complementing" provides for advancement to the next higher posts, on completion of ten years of satisfactory service in the lower post.
(2)Where a candidate's name has been included in the list of approved candidates for more than one service, the appointing authority who proposes to appoint such a candidate first shall require him to elect the service to which he wishes to be appointed. On such election, the candidate's name shall be removed from the list or lists of approved candidates for the service or services to which he does not wish to be appointed.
(3)An approved candidate for any service or for any class or category thereof who joins the Armed Forces in connection with the National Emergency before he is appointed to the service, class or category for which he has been selected or a person who while on such military duty is selected for a civil post and included in the list of approved candidates for appointment to a service or class or category thereof shall be appointed to such service, class or category on his due turn with effect from the date on which he would have been so appointed, but for his absence on military duty. With effect from the date on which he is so appointed, he shall be entitled to count the period of his military duty towards probation on his civil post. He shall be deemed to have entered the time scale or pay band applicable to the civil post with effect from the same date. The military duty shall count for increments to which he shall be eligible in the time scale or pay band in the same manner in which they would have been admissible, if he had not taken up the military duty. On discharge from military duty, he shall, within a period of six months from the date of such discharge, take up his civil post and thereafter undergo such portion of the period of probation as remains after counting the period of military duty under this sub-section. He shall also undergo such training and pass such tests as may have been prescribed in the Special Rules for the said post, within a period equal to the prescribed period of probation or such other period as may have been prescribed in the said Special Rules from the date of joining the civil post after discharge from military duty:Provided that the time limit of six months referred in this sub-section shall not apply to a person who is wounded while on military duty or as a result of such duty is otherwise rendered unfit to take up his civil post within that time. He may take up his civil post after he is declared on medical examination to be fit for duty, within a period of two years or such further period as may be granted by the appointing authority from the date of his discharge from military duty.
(4)The inclusion of a candidate's name in any list of approved candidates for any class or category in a service shall not confer on him any claim to appointment to the class or category in that service.
(5)If an approved candidate selected by the Commission for appointment by direct recruitment fails to join duty ordinarily within three months from the date of receipt of the order directing him to join duty or within an earlier date, if so specified by the appointing authority in special circumstances, he shall forfeit his right for appointment to the post and his name shall be removed from the approved list:Provided that in special circumstances, the appointing authority may extend the time limit referred to in this sub-section upto six months for valid reasons:Provided further that in exceptional circumstances, if any candidate is allowed to join duty beyond the time limit of six months, his seniority in that post shall be fixed below the junior most candidate appointed to that post in that service on the date of his joining duty.