LexThe Tamil Nadu Government Servants (Conditions of Service) Act, 2016
Tamil Nadu · state statute
Open in Lexace · Ask the AI about this act1 THE TAMIL NADU GOVERNMENT SERVANTS (CONDITIONS OF SERVICE) ACT, 2016. ARRANGEMENT OF SECTIONS. SECTIONS. 1. Short title and commencement. 2. Application. 3. Definitions. 4. Classification. 5. Pay, allowances, leave, leave salary, pension and other conditions of service. 6. Cadre. 7. Approved candidates. 8. Application fee for recruitment. 9. Method of recruitment. 10. Right of probationers and approved probationers to re-appointment. 11. Discharge and re-appointment of probationers, approved probationers and full members. 12. Members absent from duty. 13. Right to be a probationer or approved probationer, in two or more services. 14. Service right in former service. 15. Age concession for appointment on compassionate grounds. 16. Employment concession for outstanding Scouts. 17. Temporary appointments. 18. Recruitment to posts, which are outside the purview of the Commission. 19. Appointment by agreement. 20. Qualifications. 21. Linguistic qualification. 22. Language Test. 23. Special provisions relating to certain degrees. 24. Exemption from special qualification to be acquired or special test to be passed during probation. 25. Special qualifications. 26. Appointment of women. 27. Reservation of appointments. 28. Date of commencement of probation of persons first appointed temporarily. 29. Service in a different service counting for probation. 30. Completion of probation and drawal of arrears of increment. 31. Termination or extension of probation. 32. Probationer’s suitability for full membership. 2 33. Extension of probation. 34. Exercise of certain powers of appointing authority by higher authorities. 35. Exercise of certain powers of appointing authority by lower authorities. 36. Appeal against discharge. 37. Appointment of full members. 38. Appointment as full member, discharge and re-appointment of member who are not probationers or approved probationers. 39. Penalty for failure to pass prescribed test. 40. Fixation of seniority. 41. Promotion. 42. Appointment to higher category not to be considered if he had been on leave for three or four years or more continuously. 43. Appointment by recruitment by transfer. 44. Promotion or recruitment by transfer during extension of service. 45. Revision of list of approved candidates for appointment by promotion or by recruitment by transfer. 46. Annulment or modification of list of approved candidates for appointment or promotion by Government. 47. Temporary promotion. 48. Posting and transfer. 49. Consequence of resignation. 50. Acceptance of resignation. 51. Military duty to count for pension. 52. Reversion and re-appointment of full member. 53. Appointment in place of members dismissed, removed, compulsorily retired or reduced in rank. 54. Savings. 55. Re-employment of pensioners. 56. Appointment of All India Service Officers to State posts. 57. Relinquishment of rights by members. 58. Power to deal with certain cases. 59. Alteration of date of birth. 60. Correction of date of birth. 61. Age concession for discharged Government employees or temporary Government employees. 62. Application of adhoc rules. 63. Concession for Ex-servicemen. 64. Age concession for Differently abled. 65. Age concession for persons affected due to the ban on direct recruitment. 66. Appeal or Review. 3 67. Committee on Appeals. 68. Overriding effect of special rules. 69. Application of certain rules. 70. Validation. 71. Special provisions. 72. Power to remove difficulties. 73. Power to amend Schedules. SCHEDULE-I SCHEDULE-II SCHEDULE-III SCHEDULE-IV SCHEDULE-V SCHEDULE-VI SCHEDULE-VII SCHEDULE-VIII SCHEDULE-IX SCHEDULE-X SCHEDULE-XI SCHEDULE-XII 4 The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 14th September 2016 and is hereby published for general information:— ACT No. 14 OF 2016 An Act to regulate the Service conditions of the Tamil Nadu Government Servants. BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-seventh Year of the Republic of India as follows:— 1. (1) This Act may be called the Tamil Nadu Government Servants (Conditions of Service) Act, 2016. (2) Sub-section (1) of section 40 shall be deemed to have come into force on the 1st January 1955 and all the remaining provisions of this Act shall come into force at once1. 2. This Act shall apply to the holders of all posts, whether temporary or permanent, in all State and Subordinate Services except to the extent otherwise expressly provided— (a) by or under any law for the time being in force; or (b) in respect of any member of such service by a contract or agreement subsisting between such member and the Government. 3. In this Act, unless the context otherwise requires, — (a) “appointed by transfer” means appointment of a member of a service from one category to another category in the same service carrying identical 2 [ levels of pay in the pay matrix]; (b) “appointed to a service” means when a person appointed in accordance with this Act or in accordance with the rules applicable at the time, as the case may be, discharges, for the first time the duties of a post borne on the cadre of such service or commences the probation, instruction or training prescribed for members thereof. Short title and Commence- ment. Application Definitions. Explanation.— The appointment of a person holding a post borne on the cadre of one service to hold additional charge of a higher post in the same service or a post borne on the cadre of another service or to discharge the current duties thereof does not amount to appointment to the latter service; (c) “approved candidate” means a candidate whose name appears in an authoritative list of candidates approved for appointment to any service, class or category; (d) “approved probationer” means member of a service, class or category, who has satisfactorily completed his probation and awaits appointment as a full member of such service, class or category; (e) “Arunthathiyars” means the castes, Arunthathiyar, Chakkiliyan, Madari, Madiga, Pagadai, Thoti and Adi Andhra within the list of 76 Scheduled Castes notified by the President of India under Article 341 of the Constitution by the Constitution (Scheduled Castes) Order, 1950; (f) “Backward Classes” means the communities specified as Backward Classes, Backward Class Muslims, Most Backward Classes and Denotified Communities in Parts A, B, C and D respectively, of Schedule-I. 1. 15th September 2016 , vide Notification No. 207, dated 15.09.2016 , see Tamil Nadu Government Gazette Extraordinary, Part IV - Section 2. 2. Subs. by Tamil Nadu Act 34 of 2019 S.7 [w.e.f. 11.10.2017] 5 Explanation.— Persons who belong to the State of Tamil Nadu alone, who belong to one of the communities specified in Schedule-I, shall be treated as persons who belong to one of such communities; (g) “Commission” means the Tamil Nadu Public Service Commission; (h) “committee on appeals” means the committee specified in section 67; (i) “discharge of a probationer” means, in case the probationer is a full member or an approved probationer of another service, class or category reverting him to such service, class or category and in any other case, dispensing with his services; (j) “ex-servicemen” means,— (i) any person, who had served in any rank (whether as combatant or not) in the Armed Forces of the Union and has been released therefrom on or before the 30th June 1968 otherwise than by way of dismissal or discharge on account of misconduct or inefficiency; or (ii) any person, who had served in any rank (whether as combatant or not) in the Armed Forces of the Union for a continuous period of not less than six months after attestation and released therefrom between 1st July 1968 and 30th June 1979 (both days inclusive) otherwise than by way of dismissal or discharge on account of misconduct or inefficiency; or (iii) any person, who had served in any rank (whether as combatant or not) in the Armed Forces of the Union for a continuous period of not less than six months after attestation, if released between 1st July 1979 and 30th June 1987 (both days inclusive),— (a) for reasons other than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency; or (b) at his own request after serving for a period of not less than five years; or (iv) any person, who had served in any rank (whether as combatant or not) in the Armed Forces of the Union, and had retired or had been released on or after 1st July 1987 from such service,— (a) at his own request after earning his pension; or (b) on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or (c) otherwise than at his own request after earning his pension, as a result of reduction in establishment; or (d) after completing specific period of engagement, otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency and has been given a gratuity; (v) any person of the Territorial Army of the following categories, namely, pension holder for continuous embodied service, person with disability attributable to military service and gallantry award winner retired on or after 15th November 1986;or (vi) any person of the Army Postal Service who retired on or after 19th July 1989 directly from the said service without reversion to Postal and Telegraph Department with pension or who has been released on or after 19th July 1989 from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or 6 1[“(vii) any person who was on deputation in Army Postal Service for more than six months prior to the 14th day of April 1987; (viii) any person who was boarded out or released on medical grounds and granted medical or disability pension; (ix) any person disc harged on or after July 1987 under Army Rule 13(3) III (V) for the reason that his service is no longer required and in receipt of pension; (x) such other person as may be notified by the Government from time to time: Provided that in all cases, an ex -serviceman once recruited to a post in any service or class or category, cannot claim the concession of being called an ex - serviceman for his further recruitment: Provided further that a person discharged before July 1987 under Army Rule 13 (3) III (V) for the reason that his service is no longer required is not an ex-serviceman;”.] (k) “full member” means a member whose service has been confirmed in the service in which he has been first appointed; (l) “Government” means the State Government; (m) “member of a service” means a person who has been appointed to that service and who has not retired or resigned, been removed or dismissed, been substantively transferred or reduced to another service or been discharged otherwise than for want of vacancy. He may be a probationer, an approved probationer or a full member of that service; (n) “military duty” means,— (i) duty of any kind (including a course of training) involving subjection to Naval, Military or Air Force Law; or (ii) duty (including a course of training), with a liability to serve overseas or in any operational area in Naval, Military or Air Force unit or formation or under Military, Munitions or Stores authorities or in factories; or (iii) whole time duty in— (a) the Civil Pioneer Force, the Madras Civil Labour Units or the Madras Labour Units for Ceylon; or (b) the Armed Reserve Police or any other Civil Defence Organisation specified by the Central Government; or (c) any post created for the efficient prosecution of the war of 1939- 1946 or associated with the training of war technicians, if duty in such post is declared by the Central Government to be military duty. Explanation.— No duty shall be treated as military duty unless either of the following condition is satisfied:— (i) It must have been rendered within the period commencing on the 3rd September 1939 and ending with the 21st November 1948: Provided that if it commenced on or after the 2nd April 1946, it shall not be reckoned as military duty; or (ii) It must have been rendered within the period commencing on the 26th October 1952 and ending with the 10th January 1968; (o) “on duty” means a person as a member of a service,— (i) when he is performing the duties of a post borne on the cadre of such service or is undergoing the probation, instruction or training prescribed for such service; (ii) when he is on joining time; or 1. Subs. by Tamil nadu Act 34 of 2019 S.2(w.e.f. 15.09.2016) 7 (iii) when he is absent from duty during vacation or on authorised holidays or on casual leave taken in accordance with the instructions regulating such leave issued by the Government having been on duty immediately before and immediately after such absence; (iv) when he has compulsorily to wait for orders of posting on return from leave; 1 [“(oo) “person with benchmark disability ” means a person with not less than forty per cent of a specified disability where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority designated by the Government under sub-section (1) of section 57 of the Rights of Persons with Disabilities Act, 2016 (Central Act 49 of 2016);”] (p) “probationer in a service” means a member of that service who has been placed on probation as prescribed in the special rules applicable to him and not completed his probation; (q) “promotion” means the appointment of a member of any category or grade of service or class of service to a higher category or grade of such service or class; (r) “recruited direct to a service” means when a candidate, in case his first appointment to a service, class or category has to be made in consultation with the Commission, on the date of its notification inviting applications for the recruitment and in any other case, at the time of his first appointment thereto, he is not in the service of the Government of India or the Government of a State: Provided that, for the purpose of this definition, a person shall be deemed to be not in the service of the Government of India or the Government of a State— (i) if a period of five years has not elapsed since his first appointment to a service of the Government of India or the Government of a State; or (ii) if he belongs to the Scheduled Castes, Schedules Tribes or Backward Classes; (s) “recruited by transfer to a service” means,- (i) if, at the time of his first appointment to a service, class or category, he is either a full member or an approved probationer in the Madras High Court Service or in any other service, the rules for which prescribe a period of probation for member thereof; or (ii) in case, at the time of his first appointment thereto, he is the holder of a post which has been included in another service but for which no probation has been prescribed, if he has put in that post satisfactory service for a total period of two years on duty within a continuous period of three years. Explanation.— Where the special rules for a service provide for recruitment to that service or to any class or category thereof by transfer from any specified service, class or category, a candidate need not, for the purpose of such recruitment, be a full member or an approved probationer in the service, class or category so specified, provided he is a full member or an approved probationer in any other service, class or category; (t) “recruitment agency” means the Tamil Nadu Public Service Commission, the Teachers Recruitment Board, the Tamil Nadu Uniformed Service Recruitment Board, the Tamil Nadu Medical Services Recruitment Board and such other bodies constituted by the Government for selection of candidates for appointment to any service; (u) “reserve list” means a list which is prepared so as to contain not less than twenty five per cent of the candidates of each reservation group including General Turn in the regular list and shall be in force until the regular list is drawn up subsequently; 1. Ins. by Tamil Nadu Act 30 of 2017, s.2 (w.e.f. 19-04-2017) 8 (v) “Schedule” means the Schedule appended to this Act; (w) “Scheduled Castes” means the communities mentioned in Part-A of Schedule-II. Explanation.— No person who professes a religion different from Hinduism or Sikhism or Buddhism shall be deemed to be a member of a Scheduled Caste: Provided that nothing contained in this Explanation shall adversely affect the notifications issued and selections or appointments made during the period on and from the 3rd June 1990 to the 1st August 2008; (x) “Scheduled Tribes” means the communities mentioned in Part-B of Schedule-II; (y) “service” means a group of persons classified by the Government as a State Service or Subordinate Service, as the case may be. Explanation.— Where the context so requires, “service” means the period during which a person holds a post or a lien on a post or is a member of a service as above defined; (z) “Special Rules” means the rules in Part-III of the Tamil Nadu State and Subordinate Service Rules applicable to each service or class of service; (za) “war service” means— (i) service of any kind in a unit or formation liable for service overseas or in any operational area or in the Indian National Army (I.N.A); (ii) service in India under military, munitions or stores authorities or in factories with a liability to serve overseas or in any operational area; (iii) all other service involving subjection to Naval, Military or Air Force Law; (iv) a period of training with a Military unit or formation involving liability to serve overseas or in any operational area; (v) valuable service rendered to the fighting forces in otherways, e.g., by way of recruiting; (vi) service in Armed Reserve Police or any other civil defence organisation specified in this behalf by the Central Government or any Government; (vii) any service connected with the prosecution of the war which a person was required to undertake by a competent authority under the provisions of any law for the time being in force; (viii) service in any of the following:— (a) National war front organisation; (b) Camouflage organization; (c) Special organisation for the production of war supplies through small scale industries; (d) any post associated with the training of war technicians if duty, in such post is declared by the Central Government to be, Military duty; (e) post of Special Constable on coastal patrol duty; and (f) survey of India if the service was temporary and involved liability for service overseas. 9 Classification Pay, allowances, leave, leave salary, pension and other conditions of service. Explanation.— (1) Only whole time service of any of the kinds specified above will be recognised as war service. (2) Service in the Civil Pioneer Force, Madras Civil Labour Units and Madras Labour Units for Ceylon will be deemed to fall within the scope of sub- clause (iii). (3) Persons whose service of any of the kinds specified above has been characterized in their discharge certificate or other documents as ‘indifferent’ or ‘bad’ shall not be eligible for the concessions allowed by this Act. (4) Persons who have been discharged from the Army, Navy or Air Force or from any other kind of war service for any reasons other than those specified below shall not be eligible for the concessions allowed by this Act,— (i) medical invalidations; (ii) demobilization; (iii) completion of engagement; (iv) unlikely to become an efficient solider or airman, etc; (v) services no longer required; (vi) character not tested; (vii) compassionate grounds; (viii) unfit for service; (ix) below standard; (5) The service shall be in connection with the war of 1939-1946. 1[“4. Classification:— Persons holding posts under the Government shall be classified into Groups as specified in Schedule-XIII.”.] 5. The Tamil Nadu Civil Services (Discipline and Appeal) Rules, the rules regulating the pay of the services, the Tamil Nadu Government Servants’ Conduct Rules, 1973, the Fundamental Rules, the Tamil Nadu Leave Rules, 1933 and the Tamil Nadu Pension Rules, 1978, shall in so far as they may be applicable and except to the extent expressly provided in this Act, govern members of every service in the matter of their pay, allowance, leave, leave salary, pension and other conditions of service: Provided that save as otherwise expressly provided in the special rules nothing contained in this Act shall affect the operation of the provisions of rule 16 of the Tamil Nadu Pension Rules, 1978 relating to the fixation of pay of a member of a service who is in receipt of a military pension: Provided further that a person appointed in a department, performing agency functions on behalf of the Central Government in pursuance of the provisions of clause (1) of Article 258 of the Constitution shall be governed in the matter of his leave and pension by the rules issued by the Central Government in that behalf: Provided also that the said rules shall, in their application to the members of the Secretariat staff of the Governor, be construed as if the functions of the Government under those rules were the functions of the Governor. 1. Subs by Tamil Nadu Act 34 of 2019 S.3 (w.e.f. 11.10.2017) 10 6. The permanent cadre of each service, class, category and grade shall be determined by the Government. 7. (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 1 [ levels of pay in the pay matrix] 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 Number of qualified candidates to be considered. vacancies. 1-20 200% of the actual number of estimated vacancies; 21-80 175% of the actual number of estimated vacancies, subject to a minimum of 40; 81 and 150% of the actual number of estimated vacancies, subject to a above 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, 1 Subs. by Tamil Nadu Act 34 of 2019 S.7 (w.e.f. 11.10.2017) Cadre. Approved candidates. 11 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 12 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 1[levels of pay in the pay matrix] 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 2[levels of pay in the pay matrix] 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. 8. Every candidate for appointment to any service, who, in response to a notification issued by the Commission, makes an application, shall remit the fee that may be prescribed by the Government, from time to time: Provided that this section shall not apply to a candidate belonging to any of the Backward Classes, 3[omitted] whatever may be the post or service with reference to which the application is made: 1,2 Subs. by Tamil Nadu Act 34 of 2019 S.7 (w.e.f. 11.10.2017) 3 Omitted by Tamil Nadu Act 34 of 2019 S.4 (w.e.f. 1.3.2017) Application fee for recruitment. 13 Method of recruitment. Right of probationers and approved probationers to re appointment. Provided further that this section shall not apply to a candidate belonging to any of the Scheduled Castes or Scheduled Tribes whatever may be the post or service with reference to which the application is made: Provided also that this section shall not apply to candidates who have rendered war service: Provided also that this section shall not apply to the members of the Operation Subordinate Service and work-charged establishment of the Electricity Department who apply for the posts reserved for such members only: Provided also that this section shall not apply to the members of the work- charged establishment under the Electrical Engineer (General) who apply for recruitment to the posts of Supervisors (Electrical), II Grade, in the Tamil Nadu Electrical Subordinate Service: Provided also that the concession under the first proviso shall be restricted to three free chances in the case of candidates belonging to any of the Backward Classes. Explanation.— The examination for each group will be a combined one for the purpose of filling vacancies in the services included in that Group A candidate may apply to be admitted to all or any of the services in each group if he wishes to be admitted as a candidate for more than one service in the same group, he shall send only one application. But, if he wishes to be admitted as a candidate for services in more than one group, he shall send one application for each group. He will be required to pay the fees mentioned in this section one for each group and will not be required to pay separate fees for each service in a group for which he applies. If, however, he applies for more than one group, he will be required to pay separate fees for each group: Provided also that this section shall not apply to Ex-servicemen as defined in clause (j) of section 3. But, the exemption herein granted shall be restricted to two free chances: Provided also that this section shall not apply to a Differently abled candidate: Provided also that this section shall not apply to destitute widows defined in Explanation I under sub-section (8) of section 20. 9. Notwithstanding anything contained in the Special Rules for various State and Subordinate Services, where the normal method of recruitment to any service, class or category is neither solely by direct recruitment nor solely by recruitment by transfer but is both by direct recruitment and by recruitment by transfer,— (a) the proportion or order in which the special rules concerned may require vacancies to be filled by direct recruitment and by recruitment by transfer shall be applicable only to vacancies in the permanent cadre; (b) a person shall be recruited direct only against vacancy in such permanent cadre, and only if the vacancy is one which should be filled by a direct recruit under the special rules referred to in clause (a); and (c) recruitment to all other vacancies shall be made by recruitment by transfer: Provided that any temporary post, which is in existence for more than five years, shall be treated as a permanent post for the purpose of this section. 10. A vacancy in any service, class or category not being a vacancy which shall be filled by direct recruitment under the special rules referred to in clause (a) of section 9 shall not be filled by the appointment of a person who has not yet commenced his probation in such service, class or category when an approved probationer or a probationer therein is available for such appointment. 14 11. (1) Probationers, approved probationers and full members shall be discharged for want of vacancies in the order of juniority. (2) Full members, approved probationers and probationers who have been discharged for want of vacancies shall be reappointed in vacancies which arise in the order of seniority. 12. The absence of a member of a service from duty in such service, whether on leave, or on foreign service or on deputation or for any other reason and whether his lien in a post borne on the cadre of such service is suspended or not, shall not, if he is otherwise fit, render him ineligible in his turn,— (a) for re - appointment to a substantive or officiating vacancy in the class, category, grade or post in which he may be a probationer or an approved probationer; (b) for promotion to a higher category in such service; (c) for appointment to any substantive or officiating vacancy in another service for which he may be an approved candidate, as the case may be, in the same manner as if he had not been absent. He shall be entitled to all the privileges in respect of appointment, seniority, promotion and appointment as full member which he would have enjoyed, but for his absence, subject to his completing satisfactorily the period of probation on his return; (d) for appointment to any substantive or officiating vacancy in another service, if according to the provisions governing appointment to such other service— (i) he is entitled to such appointment; and (ii) the normal method of recruitment to such other service is by transfer from the service of which he is a member or any class or category thereof: Provided that a member of a service who is appointed to another service outside his regular line and is continuing in that service beyond five years shall not be considered for promotion or for appointment by recruitment by transfer to a higher post in his regular line eventhough he is otherwise qualified for such promotion or appointment, unless he returns to the former service and puts in a fresh service for a period of not less than one year in the former service. 13. A member of a service, who has been appointed to another service and is a probationer or approved probationer in the latter service, shall not be appointed to any other service for which he may be an approved candidate, unless he relinquishes his right in the latter service. 14. A member of a service, whenever selected by direct recruitment for appointment in any other service of the Government or in other State Governments, Central Government, Universities, or any other quasi-government organisations, shall hold the service right in the former service for a period not exceeding one year only from the date of relief from the former service: Provided that the persons appointed to the services of other State Governments, Central Government, Public Sector Undertakings, or Local Bodies, Corporations, Universities or any other quasi-government organisations, shall hold such service right in their former services only if the pay, leave salary and pensionary contributions for the said period of one year are paid by such other State Governments, Central Government, Public Sector Undertakings, Local Bodies, Corporations, Universities or any other quasi-government organisations or by the individual concerned. Discharge and re appointment of probationers, approved probationers and full members. Members absent from duty. Right to be a probationer or approved probationer, in two or more services . Service right in former service. 15 Age concession for appoint- ment on compassionate grounds. Employment concession for Outstanding Scouts. Temporary appointments. 15. Notwithstanding anything contained in the Special Rules for various State and Subordinate Services regarding the maximum age limit for appointment by direct recruitment, in the case of appointment on compassionate grounds, the maximum age limit shall be thirty five years of age in respect of the sons or the unmarried daughters and fifty years of age in respect of wife or husband of the Government servant, who died in harness while in service, or retired from service on medical invalidation before attaining the age of fifty three years, as the case may be. Explanation I.— For the purpose of considering the maximum age limit, the date of death of the Government servant or the date of retirement on medical invalidation before he attains the age of fifty three years, as the case may be, shall be taken into account. Explanation II.— The expression ‘sons and daughters’ in this section shall includes a widowed daughter, divorced daughter, or a married daughter deserted by her husband and living with the family of the deceased Government servant, a legally adopted son or a legally adopted daughter, whose adoption was made during the life time of the deceased Government servant: Provided that in respect of legally adopted son, it shall be with effect on and from the 11th March 1982; in respect of legally adopted unmarried daughter, it shall be with effect on and from the 26th October 1983; in respect of a widowed daughter or a divorced daughter, it shall be with effect on and from the 17th June 1991; and in respect of a married daughter deserted by her husband and living with the family of the deceased Government servant, it shall be with effect on and from 16th July 1993: Provided further that the widowed daughter or divorced daughter or a married daughter deserted by her husband and living with the family of the deceased Government servant shall not be eligible to avail the concession of appointment on compassionate grounds, unless they are nominated in writing by the widow or widower of the deceased Government servant. 16. Notwithstanding anything contained in this Act or in the special rules for various State and Subordinate Services, other things being equal, preference shall be given to the Outstanding Scouts for appointment to any post by direct recruitment. Explanation.— For the purpose of this section, “Outstanding Scout” means a Scout who has received the award of the President of India. 17. (1) Where it is necessary in the public interest owing to an emergency which has arisen to fill immediately a vacancy in a post borne on the cadre of a service, class or category and there would be undue delay in making such appointment in accordance with the provisions of this Act and the special rules, the appointing authority may temporarily appoint a person, who possesses the qualifications prescribed for the post otherwise than in accordance with this Act and the said rules: Provided that no appointment by direct recruitment under this section shall be made of any person other than the one sponsored by the Commission from its regular or reserve list
Excerpt shown. Open the full act in Lexace.