Tnsssrules PDF
Tnsssrules PDF
Tnsssrules PDF
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. Probationers suitability for full membership.
33. Extension of probation.
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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:
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
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(vii) any person discharged 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:
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;
(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;
(iv) when he has compulsorily to wait for orders of posting on return from
leave;
(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;
(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
(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;
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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.
4. Persons holding posts under the Government shall be classified into following Classification
groups, namely:
Group A Employees in posts drawing Grade Pay of Rs.6,600/- and
b above;
Group B Employees in posts drawing Grade Pay of Rs.4,400/- and above,
but below Rs.6,600/-;
Group C Employees in posts drawing Grade Pay of Rs.1,400/- and above,
but below Rs.4,400/-;
Group D Employees in posts drawing Grade Pay of Rs.1,300/-.
5. The Tamil Nadu Civil Services (Discipline and Appeal) Rules, the rules Pay,
regulating the pay of the services, the Tamil Nadu Government Servants Conduct allowances,
leave, leave
Rules, 1973, the Fundamental Rules, the Tamil Nadu Leave Rules, 1933 and the
salary,
Tamil Nadu Pension Rules, 1978, shall in so far as they may be applicable and pension
except to the extent expressly provided in this Act, govern members of every service and other
in the matter of their pay, allowance, leave, leave salary, pension and other conditions conditions
of service.
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:
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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.
Cadre. 6. The permanent cadre of each service, class, category and grade shall be
determined by the Government.
Approved 7. (1) All first appointments to any class or category or grade in any State
candidates. 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 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
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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 candidates name has been included in the list of approved candidates
for more than one service, the appointing authority who proposes to appoint such a
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candidate first shall require him to elect the service to which he wishes to be
appointed. On such election, the candidates 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 candidates 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.
Application 8. Every candidate for appointment to any service, who, in response to a notification
fee for issued by the Commission, makes an application, shall remit the fee that may be
recruitment.
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, who has taken a degree whatever may be the post or service
with reference to which the application is made:
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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 Method of
and Subordinate Services, where the normal method of recruitment to any service, recruitment.
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 Right of
be filled by direct recruitment under the special rules referred to in clause (a) of probationers
and
section 9 shall not be filled by the appointment of a person who has not yet approved
commenced his probation in such service, class or category when an approved probationers to
probationer or a probationer therein is available for such appointment. re
appointment.
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Discharge and 11. (1) Probationers, approved probationers and full members shall be discharged
re
appointment
for want of vacancies in the order of juniority.
of probationers,
approved
probationers
and full
members.
(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.
Members 12. The absence of a member of a service from duty in such service, whether on
absent from leave, or on foreign service or on deputation or for any other reason and whether his
duty.
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
Service right 14. A member of a service, whenever selected by direct recruitment for appointment
in former
service.
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.
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15. Notwithstanding anything contained in the Special Rules for various State Age
and Subordinate Services regarding the maximum age limit for appointment by direct concession
for appoint-
recruitment, in the case of appointment on compassionate grounds, the maximum
ment on
age limit shall be thirty five years of age in respect of the sons or the unmarried compassionate
daughters and fifty years of age in respect of wife or husband of the Government grounds.
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 Employment
concession
various State and Subordinate Services, other things being equal, preference shall be for
given to the Outstanding Scouts for appointment to any post by direct recruitment. Outstanding
Scouts.
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 Temporary
has arisen to fill immediately a vacancy in a post borne on the cadre of a service, appointments.
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 of successful candidates to any of the posts within the purview
of the Commission:
Provided further that appointment by direct recruitment under this section in
respect of posts within the purview of the Commission shall be made, only where
new posts with new qualifications are created temporarily and where the Commission
does not have a regular or reserve list of successful candidates for sponsoring.
(2) Where it is necessary to fill a short vacancy in a post borne on the cadre
of service, class or category and the appointment of the person who is entitled to
such appointment under this Act and the special rules, would involve excessive
expenditure on travelling allowance or exceptional administrative inconvenience, the
appointing authority may appoint any other person who possess the qualifications,
if any prescribed for the said service, class or category.
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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.
20. (1) The minimum general educational qualification wherever referred to in the Qualifications.
special rules shall mean the qualification specified in Schedule-III.
(2) Where the special rules for any service prescribe the possession of the
minimum general educational qualification referred to in sub-section (1) as a
qualification for appointment as full member in such service or in any class or
category thereof or for promotion to any other class or category in such service or
for appointment by transfer to any other service, a person who is already a member
of a service who does not possess the minimum general educational qualification,
but who is certified by the head of the department concerned to be otherwise
deserving of appointment as full member or promotion or transfer, as the case may
be, shall be deemed to possess the minimum general educational qualification, if he
appears for the examination of the S.S.L.C. Standard conducted by the Commission
and obtains the minimum percentage of marks specified below:
Subject for the Examination Minimum percentage of marks
(1) English 35
(2) General knowledge 35
Provided that persons in service without adequate knowledge of Tamil or whose
knowledge of Tamil is not of such standard as to write the examinations referred to
in this sub-section in Tamil may write them in any one of the languages, namely,
Telugu, Malayalam, Kannada, Urdu or Hindi and they need not pass the language
test in Tamil on their appointment to higher post by transfer or promotion.
(3) The rule relating to possession of minimum general educational Qualification
will not be relaxed in any case of appointment to a higher post from a lower post.
(4) No person shall be eligible for appointment to any service by direct recruitment
unless he satisfies the Commission in cases where the appointment has to be
made in consultation with it or the appointing authority, in other cases
(i) that his character and antecedents are such as to qualify him for such
service;
(ii) that such a person does not have more than one wife living or if such
a person is a woman, that she is not married to any person who has a wife living;
(iii) that such a person satisfies the age prescribed in the special rules on
the first July of the year in which the vacancy is notified; and
(iv) that, notwithstanding anything contained in the special rules, such a
person also possesses the qualifications including experience prescribed for a post,
on the date of notification of the vacancy:
18
Provided that the candidates who have written the final year degree
examination shall be admitted to the preliminary examination for recruitment to the
posts included in Group I Service conducted by the Commission, subject to the
condition that such candidates shall produce proof of having passed the degree
examination, with their application for the main written examination, failing which
they will not be admitted to the main written examination.
(5) No person shall be eligible for appointment to any service by direct recruitment
unless he satisfies the appointing authority regarding his physical fitness for the
post for which production of physical fitness certificate is prescribed, whether such
post is within or outside the purview of the Commission:
Provided that Differently abled persons may be appointed if the defect is not
such as it would render the candidates unfit for efficiently discharging the duties
attached to the post and their fitness for service is assessed on the basis of the
nature and degree of their disability and their functional capacity relating to the job
which they seek.
(6) (a) No person shall be eligible for appointment to any service by direct
recruitment, unless he has completed eighteen years of age on the first July of the
year in which the vacancy is notified.
(b) No person shall be eligible for appointment to any service on
compassionate grounds, unless he has completed eighteen years of age on the
date of submission of application, to the appropriate authority within the period of
three years from the date of death of the Government servant.
(7) A candidate for appointment to a post under the State shall be,
(a) a citizen of India, or
(b) a subject of Nepal, or
(c) a subject of Bhutan, or
(d) a person of Indian origin who has migrated from Pakistan, Myanmar, Sri
Lanka, or East African Countries of Kenya, Uganda, the United Republic of Tanzania,
Zambia, Malawi, Zaire and Ethiopia with the intention of permanently settling in
India:
Provided that a candidate specified in clauses (b), (c) and (d) shall be a person
in whose favour a certificate of eligibility has been given by the Government:
Provided further that a candidate in whose case a certificate of eligibility is
necessary may be admitted to an examination or interview conducted by the
Commission or other recruiting authority and he may also provisionally be appointed
subject to the necessary certificate being given to him by the Government.
(8) The maximum age limit prescribed in the special rules shall not apply
(i) to the appointment of a candidate belonging to any of the Scheduled
Castes, Scheduled Tribes, Backward Class Muslims, Backward Classes,
Most Backward Class or Denotified Communities or of destitute widows of all castes
to a post included in a service for which the special rules prescribe a qualification
lower than a degree of any University recognized by the University Grants Commission,
if such candidate possesses a general educational qualification which is higher
than that referred to in sub-section (1) and he is otherwise qualified for
appointment; or
(ii) to the appointment to a post included in a service of a candidate belonging
to any of the Scheduled Castes, Scheduled Tribes, Backward Class Muslims,
Backward Classes, Most Backward Classes and Denotified Communities or of
destitute widows of all castes who holds a degree of any University recognized by
the University Grants Commission, if the degree he holds is not lower than the
19
degree prescribed in the special rules for appointment to such post and if he is
otherwise qualified for appointment:
Provided that, for direct recruitment to a post included in a service for which the
minimum qualification required is not higher than the minimum general educational
qualification, the age limit prescribed shall be increased by five years in respect of
candidates belonging to Scheduled Castes or Scheduled Tribes or in respect of
destitute widows of all castes, who do not possess a general educational qualification,
which is higher than the minimum general educational qualification:
Provided further that for direct recruitment to a post included in a service for
which the minimum qualification required is not higher than the minimum general
educational qualification, the age limit prescribed shall be increased by two years
in respect of candidates belonging to Backward Class Muslims, Backward Classes,
Most Backward Classes or Denotified Communities, who do not possess a general
educational qualification, which is higher than the minimum general educational
qualification.
Explanation-I.(i) For the purpose of this section, destitute widow shall mean
a widow whose total monthly income from all sources shall not be more than
Rs.4,000/- (Rupees four thousand only) including any family pension or other receipts
including income from private practice in the case of professionals, but shall not
include a divorcee.
(ii) A destitute widow shall include a candidate born outside the State of
Tamil Nadu and became a widow after her marriage to a person belonging to the
State of Tamil Nadu and residing permanently in the State of Tamil Nadu and shall
also include a candidate born in the State of Tamil Nadu and became a widow after
her marriage to a person belonging to any other State and settled permanently in
the State of Tamil Nadu, but shall not include a candidate belonging to other State
not covered under the above said categories.
(iii) Every candidate claiming to be a destitute widow shall produce a
certificate in the Form specified in Schedule-X, from the Revenue Divisional Officer
or the Assistant Collector or the Sub-Collector concerned.
Explanation-II. (i) For the purpose of clause (i) of sub-section (8), a pass in
the Pre-University Examination or Higher Secondary Examination or Diploma awarded
by the State Board of Technical Education and Training, Tamil Nadu or by any
Institution or Board recognised by the Government or any other State Government
or the Central Government shall be deemed to be a qualification higher than that
referred to in sub-section (1).
(ii) To the appointment, in special circumstances to be recorded in writing,
of a person selected for appointment to one service or a class or category thereof
to another service or a class or category thereof, the qualifications prescribed for
appointment to which are identical with those prescribed for appointment to the
former service, class or category.
(9) (i) In the case of a candidate who has rendered war service, the period of
his war service shall be excluded in computing his age for appointment;
(ii) A candidate who is appointed temporarily under sub-section (1) of section
17 and takes up military duty shall, on discharge from such military duty, be entitled
to deduct the period of his military duty for the purpose of computing his age for
appointment; and
(iii) A candidate who is appointed temporarily under sub-section (1) of section
17 and takes up duty in General Reserve Engineer Force under the Border Roads
Development Board of the Central Government shall, on discharge from such service
on completion of their tenure as stipulated by the Central Government, be entitled
20
to deduct the period of his service, in the General Reserve Engineer Force for the
purpose of computing his age for appointment, provided they had put in at least six
months service in the General Reserve Engineer Force.
(10) In the case of extra temporary employees already discharged or facing
retrenchment from the Census Organisation in the State, a period of three years
shall be excluded in computing their age for appointment, provided they have rendered
temporary service of not less than six months in the Census Organisation in the
State:
Provided that persons availing themselves of the concession under this sub-
section shall be eligible for only one chance to appear for the competitive examination
conducted by the Commission.
Linguistic 21. (1) No person shall be eligible for appointment to any service by direct
qualification. recruitment unless he has an adequate knowledge of the official language of the
State, namely, Tamil:
Provided that a person, being otherwise qualified for appointment to the post to
which recruitment is to be made, may apply for recruitment to the post, despite the
fact that, at the time of such application, he does not possess an adequate knowledge
of Tamil.
Explanation.For the purpose of this section, a person shall be deemed to
have an adequate knowledge of Tamil, if
(i) in the case of a post for which the educational qualification prescribed
is the minimum general educational qualification and above, he has passed the
S.S.L.C. Examination or its equivalent examination with Tamil as one of the languages;
or Studied the High School Course in Tamil medium and passed the S.S.L.C.
Examination or its equivalent examination in Tamil medium; or passed the Second
Class Language Test in Tamil conducted by the Commission;
(ii) in the case of a post for which the educational qualification prescribed
is VIII Standard and above, but below S.S.L.C., he has studied in Tamil medium in
those standards or passed the Language Test in Tamil referred to in sub-section (1)
of section 22; and
(iii) in the case of a post for which the educational qualification prescribed
is below VIII Standard, he has studied in Tamil medium in those standards or
passed the oral test in Tamil referred to in sub-section (2) of section 22.
(2) Every such candidate as is referred to in the proviso to sub-section (1)
shall, if selected and appointed on or after the 9th February 1996, pass the Second
Class Language Test in Tamil conducted by the Commission, or pass the language
Test in Tamil referred to in sub-section (1) of section 22 conducted by the appointing
authority or pass the oral test referred to in sub-section (2) of section 22 conducted
by the appointing authority, as the case may be, within a period of two years from
the date of his appointment. If he fails to pass the said Language Test within the
said period of two years, he shall be discharged from service.
(3) The syllabus for the Second Class Language Test in Tamil referred to
in this section shall be as specified in Schedule-IV.
21
22. (1) A language test of the standard for VIII Standard, shall be conducted by Language test.
the appointing authority for those whose educational qualification is VIII Standard
and above, but below S.S.L.C. and for those who do not possess an adequate
knowledge of Tamil, as specified below:
Item of Maximum Minimum Aggre gate Duration of test.
Syllabus marks marks for marks for
a pass a pass
(1) (2) (3) (4) (5)
Part I 60 24 10 minutes
Dictation of
half a page
typed matter
Part IIReading 40 16 50
(2) An oral test of the standard for IV Standard shall be conducted by the
appointing authority for those, whose educational qualification is below VIII Standard
and for those who do not possess an adequate knowledge of Tamil to find out
whether a person is able to converse freely and fluently in Tamil.
23. Where the special rules for a service prescribe any of the degree specified
Special
in column (1) of the Table below as a special qualification for appointment to any provisions
post included therein, a person who holds the degree specified in the corresponding relating to
entry in column (2) thereof, shall, except where a contrary intention appears from certain
degrees.
the said special rules, be deemed to possess the said special qualification.
THE TABLE
(1) (2)
(1) B.A. (Hons.) or B.Sc. (Hons.) or B.Com. (Hons) or M.Com. degree
M.A. or M.Sc. degree. of any University recognized by
the University Grants Commission.
(2) B.A. or B.Sc., degree. (i) B.Com., degree of any University
recognized by the University
Grants Commission.
(ii) B.O.L. of Annamalai University.
(iii) B.B.A. of Madurai-Kamaraj
University.
(iv) B.Litt. of Madras University.
(3) B.A., B.Sc., or B.Com. degree. (i) B.O.L. of Annamalai University.
(ii) B.B.A. of Madurai-Kamaraj
University.
(iii) B. Litt. of Madras University
(iv) B.B.M. and B.Litt. of Bharathiar
University.
24. Where a probationer has, before he commenced his probation, already
Exemption
acquired any special qualification or passed any special test prescribed by the from special
special rules, or has acquired such other qualification as may be considered by the qualification
Government or by the appointing authority with the approval of the Government to to be
acquired or
be equivalent to the said special qualification or special test, he shall not be
special test
required to acquire such special qualification or to pass such special test again after to be
the commencement of his probation. passed
during
probation.
22
Special 25. No person shall be eligible for appointment to any service, class, category
qualifications. or grade or any post borne on the cadre thereof unless he,
(a) possesses such special qualifications and has passed such special
tests as may be prescribed in that behalf in the special rules; or
(b) possesses such other qualifications as have been declared to be higher
than or equivalent to the said special qualifications or special tests
(i) by the Government in consultation with the Committee constituted under
the Chairmanship of the Chairman, Tamil Nadu Public Service Commission for the
purpose, in cases where the appointment has to be made in consultation with the
Commission; and
(ii) by the Government or by the appointing authority with the approval of the
Government in other cases.
Explanation-I.In cases where the special rules prescribe a diploma or a
degree or a post-graduate degree as a qualification for appointment, then,
(a) a diploma obtained, after completion of S.S.L.C. or Higher Secondary
Course [10+3 (3 Years Diploma)] or [10+2+2 (Lateral Entry)]; or
(b) a degree obtained, after completion of S.S.L.C. and Higher Secondary
Course (10+2+3 or more); or
(c) a post-graduate degree obtained, after completion of S.S.L.C., Higher
Secondary Course and a degree (10+2+3+2 or 3) from any University or Institution,
recognized by the University Grants Commission shall be recognized as the
qualification.
Explanation-II.In cases where the special rules prescribe a diploma in a
particular subject as qualification, then, a degree in that subject shall be deemed
to be a higher qualification.
Explanation-III.In cases where the special rules prescribe a period of practical
or other experience in addition to educational or technical qualification, for an
appointment, such a period of practical or other experience, as the case may be,
should have been acquired after obtaining the educational or technical qualification
prescribed for such appointment unless otherwise specified in the special rules.
Appointment of 26. (1) Women alone shall be appointed to a post in any institution or
women. establishment specially provided for them:
Provided that men may be appointed, if suitable and qualified women are not
available for such appointment.
(2) A minimum of thirty per cent of all vacancies which are to be filled
through direct recruitment shall be set apart for women candidates irrespective of
the fact whether the rule of reservation of appointment applies to the posts or not.
In respect of the posts to which the rule of reservation of appointment applies, thirty
per cent of vacancies shall be set apart for female candidates following the reservation
for Scheduled Castes and Scheduled Tribes, Backward Class Muslims, Backward
Classes, Most Backward Classes or Denotified communities and General Turn.
Women candidates shall also be entitled to compete for the remaining seventy per
cent of vacancies along with male candidates:
Provided that in the case of direct recruitment to the posts with Grade Pay
which does not exceed rupees two thousand and eight hundred, ten per cent of
vacancies out of the thirty per cent vacancies set apart for women shall be set apart
for destitute widows and the first vacancy in every ten vacancies set apart for
destitute widows and the first vacancy in every ten vacancies set apart for women
23
in each category, namely, the General Turn, Backward Class Muslims, Backward
Classes, Most Backward Classes or Denotified Communities, Scheduled Castes or
Scheduled Tribes shall be set apart for destitute widows. If no qualified and suitable
destitute widow is available, then, the turn so set apart for destitute widow shall go
to the women (other than destitute widow) belonging to the respective category.
Explanation. In this section, destitute widow shall have the same meaning
as in Explanation-I under sub-section (8) of section 20.
(3) Every candidate claiming to be a destitute widow shall produce a
certificate in the form specified in Schedule-X from the Revenue Divisional Officer or
the Assistant Collector or the Sub-Collector concerned.
(4) Selection for appointment under this section shall be made in the order
of rotation specified in Schedule-VIII.
(5) If a qualified and suitable woman candidate belonging to Scheduled
Castes, Scheduled Tribes, Backward Class Muslims, Backward Classes, Most
Backward Classes or Denotified Communities or General Turn is not available for
selection for appointment in the turn allotted for women in the cycle, then, the turn
so allotted shall go to a male candidate within the respective category. In respect
of the posts to which the rule of reservation of appointments does not apply, then,
the turn so allotted shall go to the next male candidate.
Reservation of
appointments. 27. Where the special rules lay down that the principle of reservation of
appointments shall apply to any service, class or category, selection for appointment
thereto shall be made on the following basis:
(a) The unit of selection for appointment, for the purpose of this section, shall
be two hundred, of which thirty six shall be reserved for the Scheduled Castes
including six offered to Arunthathiyars on preferential basis amongst the Scheduled
Castes, two for the Scheduled Tribes, fifty three for the Backward Classes (other
than Backward Class Muslims, Most Backward Classes and Denotified Communities),
seven for the Backward Class Muslims, forty for the Most Backward Classes and
the Denotified Communities and sixty two shall be filled on the basis of merit:
Provided that if even after filling up of the required appointments or posts
reserved for Arunthathiyars amongst the Scheduled Castes in Schedule-V, if more
number of qualified Arunthathiyars are available, such excess number of candidates
of Arunthathiyars shall be entitled to compete with the other Scheduled Castes in
the inter-se-merit among them and if any appointment or post reserved for
Arunthathiyars remain unfilled for want of adequate number of qualified candidates,
it shall be filled up by Scheduled Castes other than Arunthathiyars.
(b) Out of the total number of appointments reserved in the categories referred
to in clause (a), in the case of appointment made by direct recruitment, one per cent
in each such category shall be separately reserved for the blind, deaf and
orthopaedically challenged candidates and the appointment shall be made in the
turn and in the order of rotation specified in Schedule-VI:
Provided that the appointment of Differently abled candidates, against the
reserved turns shall be subject to availability of such candidates:
Provided further that if no qualified and suitable candidate is available from
a particular category of differently abled, namely, the blind, the deaf or the
orthopaedically challenged, the vacancy shall be filled up by candidates belonging
to any of the other two categories. This shall, however, be subject to the third
proviso to this clause:
24
Provided also that in the teaching posts of School Education Department, Adi
Dravidar and Tribal Welfare Department, Social Welfare Department and Backward
Classes and Most Backward Classes Department, besides orthopaedically challenged,
the reservation for the blind shall be two per cent, and thereshall be no reservation
for the deaf. In the non-teaching postsin the above Departments, besides
orthopaedically challenged, the reservation for the deaf shall be two per cent, and
there shall be no reservation for the blind:
Provided also that if no qualified and suitable differently abled candidate
belonging to Scheduled Caste or Scheduled Tribe or Most Backward Class/Denotified
Community is available for selection for appointment against the reserved turn, such
turn shall be filled up by a candidate other than differently abled belonging to that
category and if no such candidate is available in that category for selection for
appointment against the reserved turn, then, such turn shall be carried forward as
provided in clause (d):
Provided also that in the case of appointment of candidates belonging to
Backward Classes (other than Most Backward Classes/Denotified Communities),
Backward Class Muslims or in the case of appointment of candidates on the basis
of merit, if no qualified and suitable differently abled candidate is available for
selection for appointment against the reserved turn, such turn shall be filled up by
a candidate other than Differently abled belonging to that category and if no such
candidate is available in that category for selection for appointment against the
reserved turn, such turn shall be allowed to lapse:
Provided also that in so far as the Executive Posts are concerned, the
reservation for Differently abled candidates shall be made applicable in respect of
suitable posts in Groups A and B as identified in the list approved by the Government
and to all posts in Groups C and D , subject to the condition that the Differently
abled candidate shall, before appointment, produce a certificate of physical fitness
from the Medical Board to the effect that his handicap will not affect the performance
of the job to which he has been selected:
Provided also that if the vacancies notified are identified suitable for only
any two of the three categories of the differently abled, namely, blind and deaf or
deaf and orthopeadically challenged or blind and orthopeadically challenged and if
the total number of vacancies meant for the ineligible category of the differently
abled is even, it shall be distributed equally between the other two eligible categories,
or if the said total number of vacancies is odd, the extra vacancy shall be allotted
to either of the two eligible category of differently abled, which has higher population
as per the latest census:
Provided also that if the vacancies notified or identified suitable for only
one category of Differently abled, then, the entire three per cent vacancy shall be
allotted to that particular category of differently abled.
(c) Out of the total number of appointments reserved in the categories referred
to in clause (a), in the case of appointment made by direct recruitment to Group
C posts, five per cent in each such category shall be reserved for Ex-servicemen
and subject to availability of such candidates, the appointment shall be made in turn
and in the order of rotation as specified in Schedule-VII:
Provided that if no qualified and suitable Ex-serviceman belonging to a
particular category is available for selection for appointment against the reserved
turn, such turn shall be filled up by a candidate other than an Ex-serviceman but
belonging to the particular category and if no such candidates is available even in
that category for selection for appointment against the reserved turn, such turn shall
be carried forward as provided in clause (d).
(d) The claims of members of the Scheduled Castes, the Scheduled Tribes,
the Backward Classes (other than Most Backward Classes/Denotified Communities),
Backward Class Muslims and the Most Backward Classes/Denotified Communities
shall also be considered for the thirty one appointments, which shall be filled on the
25
to any of the Backward Classes (other than Most Backward Classes and Denotified
Communities), Backward Class Muslims are not available for appointment, the turn
so allotted to them shall lapse and the vacancy shall be filled by the next turn in
the order of rotation. If sufficient number of qualified and suitable candidates belonging
to any of the Scheduled Castes and Scheduled Tribes, Most Backward Classes and
Denotified Communities are not available for selection for appointment for the vacancies
reserved for them by direct recruitment in the first attempt of recruitment, then, a
second attempt shall be made for selection of the candidates belonging to the
respective communities by direct recruitment in the same recruitment year or as
early as possible before the next direct recruitment for selection of candidates
against such vacancies. If the required number of candidates belonging to such
communities are not available even then, the vacancies for which selection could not
be made shall remain unfilled until the next recruitment year treating them as
backlog vacancies. In the subsequent year, when direct recruitment is made for
the vacancies of that year, namely, the current vacancies, the backlog vacancies
shall also be announced for direct recruitment, keeping the vacancies of the particular
recruitment year, namely, the current year vacancies and the backlog vacancies
as two distinct groups as illustrated in Schedule-IX. The selection for appointment
for the next direct recruitment shall be made first for the backlog vacancies and
then the normal rotation shall be followed:
Provided also that, in exceptional cases, for posts in Groups A and B for
which suitable candidates belonging to the Scheduled Castes, Scheduled Tribes,
Most Backward Classes or Denotified Communities are not available against the
respective reserved vacancies and the non-filling up of posts causes hardship for
running the administration, the Government may grant exemption from carrying
forward of such vacancies and the procedure therefor shall be as specified in
Schedule-IX:
Provided also that when a candidate selected for appointment against a
vacancy for Scheduled Castes, Scheduled Tribes, Most Backward Classes /
Denotified Communities, Backward Classes, Backward Class Muslims or General
Turn, does not join duty in the post for which he is appointed or his provisional
selection for that post is cancelled for any reason, a candidate in his place shall
be appointed from the respective category and in accordance with the ranking from
the reserve list:
Provided also that the candidates appointed from the reserve list shall be
placed below all the candidates appointed from the regular list in the same order
in which the vacancies have arisen:
Provided also that the reserve list shall be operated even against the
vacancies caused due to the fact that the candidates have joined duty, but left
thereafter while the reserve list is in force.
(g) Notwithstanding anything contained in this section and in the Special
Rules for various State and Subordinate Services, the rule of reservation shall not
apply to the appointments on compassionate grounds.
(h) Notwithstanding anything contained in this section, in order to restore the
representation of Scheduled Castes and Scheduled Tribes in a service, where their
representation is less than eighteen per cent and one per cent, respectively, each
department shall furnish such vacancies treating them as shortfall vacancies of
Scheduled Castes and Scheduled Tribes in the lowest level of posts in each of the
Groups A,B,C and D, besides the posts of Junior Assistants, Typist and
Steno-Typist Grade III in the Tamil Nadu Ministerial Service and the Tamil Nadu
Judicial Ministerial Service, to the Government and the Government, in turn, shall
inform the same to the recruiting agencies for notifying the vacancies for direct
recruitment as a one time measure:
27
of duty performed by him in the latter category during which he would have held a
post in the former category but for such temporary promotion.
(5) The period of military duty of a probationer shall count towards his
probation in the post held by him prior to his joining military duty; it shall also count
towards his probation in the post to which he may be appointed under section 12.
(6) A probationer in a category or class of a service who is or has been
deputed to foreign service shall be entitled to count towards his probation in that
particular category or class of the former service, the period of duty performed by
him under foreign service during which he would have held a post in the former
service:
Provided that the scale of pay or pay band applicable to the post in foreign
service is either equal or higher than that applicable to the post in the parent
department and that the duties and responsibilities of the posts are comparable.
Completion of 30. A probationer shall be eligible for sanction of increments on normal dates
probation and
irrespective of declaration of satisfactory completion of probation, subject to the
drawal of
arrears of provisions in section 33 so far as it relates to extension of probation on the grounds
increment. of unsuitability. In cases where the probationer is to acquire any special qualification
or to pass any prescribed test within the period of probation, or within the extended
period of probation referred to in section 33, the first increment, in case where the
period of probation is one year and the second increment, in case where the period
of probation is two years, shall be sanctioned only after acquiring the qualification
or passing the test.
Termination or 31. (1) Where the special rules of any service prescribe a period of probation for
extension of
probation.
appointment as a full member of the service, or where such period of probation has
been extended under section 33, the appointing authority may, at any time before
the expiry of the prescribed period of probation or the extended period of probation,
as the case may be
(i) discharge a probationer from the service for want of a vacancy; or
(ii) at its discretion, by order, either extend the period of probation of the
probationer in case the probation has not been extended under section 33 or
terminate his probation and discharge him from service after giving him a reasonable
opportunity of showing cause against the proposed termination of probation:
Provided that where a probationer has been given reasonable opportunity
of showing cause against the imposition on him of any of the penalties specified in
clauses (iv), (vi), (vii) and (viii) of rule 8 of the Tamil Nadu Civil Services (Discipline
and Appeal) Rules and at the conclusion of the disciplinary proceedings a tentative
conclusion is arrived as to terminate his probation, a further opportunity of showing
cause specifically against termination of his probation need not be given to him.
(2) If within the period of probation, a probationer fails to acquire the special
qualification or to pass the special test if any, prescribed in the special rules or to
acquire such other qualification as may be declared by the Government or by the
appointing authority with the approval of the Government to be equivalent to the said
special qualification or special test, the appointing authority shall, by order, discharge
him from the service unless the period of probation is extended under section 33.
(3) If within the period of probation prescribed in the special rules for the
service or within the extended period of probation, as the case may be, a probationer
has appeared for any such test or for any examination in connection with the
acquisition of any such qualification and the result of the test or examination for
which he has so appeared are not known before the expiry of such period, he shall
continue to be on probation until the publication of the result of the test or examination
for which he has appeared or the first of them in which he fails to pass, as the case
29
may be. In case the probationer fails to pass any of the test or examination for
which he has so appeared, the appointing authority shall, by order, discharge him
from the service.
(4) The maximum period upto which the probation of a Government servant
shall be extended so as to enable him to acquire the test qualification, be fixed as
five years. If he does not acquire the test qualification even within the maximum
period of five years, he shall be reverted and the qualified and the eligible junior shall
be considered for promotion. If such a person is appointed by direct recruitment and
has not acquired the test qualification even within the maximum period of five years,
his probation shall be terminated.
(5) Any delay in the issue of an order discharging a probationer under sub-
section (2) or sub-section (3) shall not entitle him to be deemed to have satisfactorily
completed his probation.
32. (1) At the end of the prescribed or extended period of probation, as the case Probationers
may be, the appointing authority shall consider the probationers suitability for full suitability for
full
membership of the service, class or category for which he was selected.
membership.
(2) If the appointing authority decides that a probationer is suitable for such
membership, it shall, as soon as possible, issue an order declaring the probationer
to have satisfactorily completed his probation. If no such order is issued within six
months from the date on which he is eligible for such declaration, the probationer
shall be deemed to have satisfactorily completed his probation on the date of expiry
of the prescribed or extended period of probation. A formal order declaring the
completion of probation shall, however, be issued by the competent authority. In all
cases in which serious charges are pending, and therefore, probation cannot be
declared, an order to the effect that the question of declaration of probation cannot
be considered till the charges are disposed of shall be issued by the competent
authority within six months from the due date for completion of probation and the
final order on probation shall be passed as early as possible and in any case within
one month after the disposal of the charges or six months after the due date for
completion of probation, whichever is later.
Explanation. For the purpose of calculating the period of probation of a
probationer, complete calendar months, irrespective of the number of days in each
month, shall first be calculated and then the odd number of days calculated
subsequently. Period of leave, if any, taken during the period of probation shall be
excluded while calculating the period of probation.
(3) If the appointing authority decides that the probationer is not suitable for
such membership, it shall, unless the period of probation is extended under section
33, by order, discharge him from the service after giving him a reasonable opportunity
of showing cause against the action proposed to be taken in regard to him:
Provided that where a probationer has been given a reasonable opportunity
of showing cause against the imposition on him of any of the penalties specified in
clauses (iv), (vi), (vii) and (viii) of rule 8 of the Tamil Nadu Civil Services (Discipline
and Appeal) Rules and at the conclusion of the disciplinary proceeding, a tentative
conclusion is arrived as to discharge him from the service, a further opportunity of
showing cause specifically against such discharge need not be given to him.
Explanation I. The decision of the appointing authority that the probationer is
not suitable for full membership may be based also on his work and conduct till the
date of the decision, inclusive of the period subsequent to the prescribed or extended
period of probation.
Explanation II. Where the competent authority proposes to terminate the
probation of a member of a service for general unsatisfactory work or incapacity
without the need for enquiry into specific charges, he shall do so under section 31
30
or under this section, as the case may be. In cases where he proposes to terminate
the probationer of such member for specific charges in addition to, or distinct from,
general inefficiency or incapacity, he shall frame specific charges and follow the
procedure laid down in rule 17 (b) of the Tamil Nadu Civil Services (Discipline and
Appeal) Rules, as such termination of probation by way of penalty will attract the
provisions of Article 311(2) of the Constitution.
Extension of 33. (1) In the case of any probationer falling under section 31 or 32, the appointing
probation.
authority may extend his probation to enable him to acquire the special qualifications
or pass the prescribed tests, or, as the case may be, to enable the appointing
authority to decide whether the probationer is suitable for full membership or not.
(2) The period of probation as extended under section 31 or 32 or in a case
where a probationer is reverted due to want of vacancy during the extended period
shall terminate at the latest when the probationer has, after the date of expiry of the
period of probation prescribed for the service, class or category in which he is on
probation, completed three years on duty in such service, class or category. The
period of probation as extended under section 31 shall terminate at the latest when
the probationer, has, after the date of expiry of the period of probation prescribed
for the service, class or category in which he is on probation, completed three years
of duty in such service, class or category.
(3) In cases where the probation of probationer is extended, a condition shall,
unless there are special reason to the contrary, be attached to the order of extension
of probation that the probationers increment shall be stopped until he is declared
to have satisfactorily completed his probation. Such stoppage of increment shall not
be treated as a penalty, but only as a condition of extension of probation and shall
not have the effect of postponing future increments after he has passed the prescribed
tests, or examinations or after he is declared to have satisfactorily completed his
probation.
Exercise of 34. The powers conferred on the appointing authority, other than the Government,
certain
powers may be exercised also by any higher authority to whom the appointing authority is
of appointing administratively subordinate whether directly or indirectly, in the following cases:
authority by
higher
authorities.
(a) Termination of probation of a probationer under clause (ii) of sub-section
(1) of section 31;
(b) Discharge of probationer under sub-section (3) of section 32; and
(c) Extension of probation under clause (ii) of sub-section (1) of section 31
or under this section.
Exercise of 35. The powers conferred on the appointing authority or the competent authority,
certain as the case may be, to declare the satisfactory completion of probation under
powers of
section 32 or to extend the period of probation under section 31 or section 33 shall
appointing
authority by also be exercised by an authority competent to withhold the increment of a
lower Government servant:
authorities.
Provided that the Head of an office shall also exercise the powers conferred
on the appointing authority to declare the satisfactory completion of probation under
section 32 of Government servants in Group D.
Appeal against 36. (1) A probationer who is discharged under clause (ii) of sub-section (1) of
discharge. section 31 or under sub-section (3) of section 32 shall be entitled to appeal against
the order of discharge passed by the competent authority to the authority to which
and within the period of limitation within which an appeal would lie against an order
of dismissal passed by the competent authority against a full member of his service,
class or category, as the case may be:
31
39. Where the special rules prescribe stoppage of increments as a penalty for Penalty for
failure to pass a special test or acquire a special qualification prescribed in those failure to
pass
rules, such failure shall, in the case of member who has reached the maximum of prescribed
the time scale of pay applicable to him, render him liable to the penalty of reduction test.
to the next lower stage in his time scale.
40. (1) The seniority of a person in a service, class, category or grade shall, Fixation of
unless he has been reduced to a lower rank as a punishment, be determined in the seniority.
order of his placement in the list prepared by the recruitment agency or appointing
authority, as the case may be, in accordance with the rule of reservation and the
order of rotation specified in Schedule-V, where it applies. The date of commencement
of his probation shall be the date on which he joins duty irrespective of his seniority.
(2) The seniority of a person in a service, class, category or grade shall,
where the normal method of recruitment to that service, class, category or grade is
by more than one method of recruitment, unless the individual has been reduced to
a lower rank as a punishment, be determined with reference to the date on which
he is appointed to the services, class, category or grade:
Provided that where the junior appointed by a particular method of recruitment
happens to be appointed to a service, class, category or grade, earlier than the
senior appointed by the same method of recruitment, the senior shall be deemed
32
to have been appointed to the service, class, category or grade on the same day
on which the junior was so appointed:
Provided further that the benefit of the above proviso shall be available to
the senior only for the purpose of fixing inter-se-seniority:
Provided also that where persons appointed by more than one method of
recruitment are appointed or deemed to have been appointed to the service, class,
category or grade on the same day, their inter-se-seniority shall be decided with
reference to their age.
(3) The transfer of a person from one class or category of a service to another
class or category carrying the same scale of pay or pay band shall not be treated
as first appointment to the latter for purpose of seniority and the seniority of a
person so transferred shall be determined with reference to the rank in the class or
category from which he was transferred; where any difficulty or doubt arises in
applying this provision, seniority shall be determined by the appointing authority.
(4) Where a member of any service, class, category or grade is reduced to
a lower service, class, category or grade he shall be placed at the top of the latter
unless the authority ordering such reduction directs that he shall take rank in such
lower service, class, category or grade, next below any specified member thereof.
(5) The seniority of any person in a service or post of the merged territory of
Pudukkottai, who is absolutely in a service or post under the Government of Tamil
Nadu shall be determined as follows:
(i) If he is absorbed in a post similar to that which he was formerly holding
in the service of the merged territory of Pudukkottai, his seniority shall be determined
by the date from which he was holding the former post continuously.
(ii) If he is absorbed in a post of a higher cadre carrying a higher scale
of pay than that which he was formerly holding in the service of the merged territory
of Pudukottai his seniority shall be determined by the date on which he joined the
post under the Government of Tamil Nadu.
(iii) If he is absorbed in a post other than those specified in clauses (i) and
(ii), which does not improve his cadre and scale of pay in the service of the merged
territory of Pudukottai, his seniority shall be determined on the basis of merit.
(6) Application for the revision of seniority of a person in a service, class,
category or grade shall be submitted to the appointing authority within a period of
three years from the date of appointment to such service, class, category or grade
or within a period of three years from the date of order fixing the seniority, as the
case may be. Any application received after the said period of three years shall be
summarily rejected. This shall not, however, be applicable to cases of rectifying
orders, resulting from mistake of facts.
Promotion. 41. (1) No member of a service or class of a service shall be eligible for promotion
from the category in which he was appointed to the service unless he has satisfactorily
completed his probation in that category:
Provided that a member of a service or class of a service who, having
satisfactorily completed his probation in the category in which he was appointed to
the service, has been promoted to the next higher category shall, notwithstanding
that he has not been declared to have satisfactorily completed his probation in such
higher category be eligible for promotion from such higher category :
Provided further that if the scale of pay or pay band of posts in the feeder
categories are different, the persons holding post carrying a higher scale of pay or
pay band in the feeder category shall be considered first and that, if no qualified and
suitable persons holding post in that feeder category are available, the persons
holding post carrying the next higher scale of pay or pay band in descending order
in other feeder categories shall be considered.
33
(ii) a member is given special promotion for conspicuous merit and ability.
45. The list of approved candidates for appointment by promotion or by recruitment Revision of list
by transfer may be revised by an authority to which an appeal or review would lie approved
candidates
against an order of dismissal passed on a full member of the service, class,
for
category or grade, as the case may be. Such revision may be made by the appointment
appellate authority or the reviewing authority, as the case may be, aforesaid after by promotion
consulting the Commission where such consultation is necessary in respect of or by
recruitment
posts which are within the Commissions purview either suo motu at any time, or
by transfer.
on a petition submitted by an aggrieved member within two months in the case of
State Services and within three months in the case of Subordinate Services, from
the date on which the list is displayed in the Notice Board in the office of the
appointing authority. If no representation is received within the said period, the list
communicated shall be deemed to be final:
Provided that the above said period may be extended by the appellate authority
or the reviewing authority, as the case may be, if sufficient cause is shown for the
delay in the submission of the petition.
46. Notwithstanding anything contained in this Act or in the special rules, the Annulment or
Government shall have power to annul, modify a list of approved candidates for modification
of list of
appointment or promotion to any category, class or service prepared by the head approved
of a department or any other lower authority. candidates
for
appointment
or promotion
by
Government.
34
Temporary 47. (1) Where it is necessary in the public interest owing to an emergency which
promotion. has arisen to fill immediately a vacancy in a post borne on the cadre of a higher
category in a service or class by promotion from lower category and there would be
undue delay in making such promotion in accordance with the provisions of the Act,
the appointing authority may temporarily promote a person, who possesses the
qualifications prescribed for the post, otherwise than in accordance with the provisions
of this Act.
(2) Where it is necessary to fill a short vacancy in a post borne on the cadre
of a higher category in service or class by promotion from lower category and the
appointment of the person who is entitled to such promotion under the provisions
of the Act would involve excessive expenditure on travelling allowance or exceptional
administrative inconvenience, the appointing authority may promote any other person
who possesses the qualification, if any, prescribed for the higher category.
(3) A person temporarily promoted under sub-section (1) shall be replaced as
soon as possible by the member of the service, who is entitled to promotion under
the Act.
(4) Where it is necessary to promote an officer against whom an enquiry into
allegations of corruption or misconduct is pending, but no charge sheet has been
filed in the criminal case or where no charge under sub-rule (b) of rule 17 of the
Tamil Nadu Civil Services (Discipline and Appeal) Rules have been framed or no
proceedings before the Tribunal for Disciplinary Proceedings is pending, the appointing
authority may promote him temporarily pending enquiry into the allegations against
him.
(5) A person promoted under sub-section (1), (2) or (4) shall not be regarded
as a probationer in the higher category or be entitled by reason only of such
promotion to any preferential claim to future promotion to such higher category. The
services of a person promoted under sub-section (1), (2) or (4) shall be liable to be
terminated by the appointing authority at any time without notice and without any
reason being assigned.
(6) (i) A person promoted under sub-section (1), (2) or (4) shall commence
his probation, if any, in such category either from the date of his temporary promotion
or from such subsequent date as the appointing authority may determine:
Provided that on the date so determined, the person possesses all the
qualifications prescribed for promotion to the service, class or category, as the case
may be.
(ii) He 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 has not been enabled by relaxation of any provisions of the Act,
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 order in all such cases.
(7) A person promoted under the Act to hold a post borne on the cadre of
a service, class or category, who has rendered continuous temporary service shall
be eligible to draw annual increments in the scale of pay or pay band for the post,
subject to the condition that this Act do not prescribe any special qualification to
be acquired or test to be passed as a condition precedent to the drawal of such
increment or increment is not denied as a measure of penalty.
35
48. (1) A member of a service or class of service may be required to serve in Posting and
any post borne on the cadre of such service or class for which he is qualified. transfer.
(2) All postings and transfers shall be made by the appointing authority:
Provided that where the appointing authority is not the Government, any
authority to whom the appointing authority is administratively subordinate shall, in
respect of any post within the jurisdiction of the appointing authority also be competent
to effect postings and transfers to a post within their jurisdiction aforesaid:
Provided further that where leave not involving extra cost to the Government
is granted to an officer by virtue of the delegation under Fundamental Rule 66, the
Head of Department or the subordinate authority concerned may re-post the officer
on return from leave granted by it to the same place.
49. A member of a service shall, if he resigns his appointment, forfeit not only Consequence
the service rendered by him in the particular post held by him at the time of of
resignation.
resignation, but all his previous service under the Government. The re-appointment
of such person to any service shall be treated in the same way as a first appointment
to such service by direct recruitment and all the provisions governing such appointment
shall apply and on such re-appointment, he shall not be entitled to count any portion
of his previous service for any benefit or concession admissible under this Act:
Provided that nothing contained in this section shall affect the operation of the
proviso to rule 23 or of rule 25 of the Tamil Nadu Liberalised Pension Rules, 1978:
Provided further that a member of a service, who has resigned his appointment
and contested in the General Election to Parliament or State Legislature or in the
elections to local bodies either as a party candidate or as an independent candidate
shall not be eligible for re-appointment to any service.
50. (1) A Government servant may resign his appointment by giving notice of not
less than three months in writing direct to the appointing authority with a copy Acceptance of
marked to his immediate superior officer. The period of three months notice shall resignation.
be reckoned from the date of receipt of such notice by the appointing authority.
(2) The Government servant may withdraw the notice of his resignation before
its acceptance and withdrawal of resignation shall not be permitted after its acceptance
by the appointing authority.
(3) The appointing authority shall issue orders on the notice of resignation
before the date of expiry of notice, either accepting the resignation from a date not
later than the date of expiry of the notice or rejecting the same, giving the reasons
therefor. If no such order is passed, the resignation shall be deemed to have been
accepted on the expiry of the period of notice.
(4) Notice of resignation given by the Government servant shall be accepted
by the appointing authority, subject to the conditions
(i) that no disciplinary proceeding is contemplated or pending against the
Government servant concerned under sub-rule (b) of rule 17 of the Tamil Nadu Civil
Services (Discipline and Appeal) Rules;
(ii) that a report from the Director of Vigilance and Anti-Corruption has
been obtained to the effect that no enquiry is contemplated or pending against the
Government servant concerned;
36
(iii) that no dues are pending to be recovered by the Government from the
Government servant concerned; and
54. (1) Unless a contrary intention is expressly indicated therein, nothing contained Savings.
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.
(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.
55. Nothing in the Act or the special rules shall be construed to limit or Re-
employment
abridge the powers of the Government and of subordinate authorities to re- of
employ persons who have retired on a civil pension or gratuity or who while pensioners.
in service were subscribers to a Contributory Provident Fund, in any service
in accordance with the provisions contained in the Tamil Nadu Pension Rules,
1978. The re-employment of such a person in any service shall not be regarded
as a first appointment to that service.
56. Notwithstanding anything contained in the Act or the special rules, an Appointment of
officiating or permanent officer of an All India Service may be appointed to All India
any State service or class or category thereof, such officer shall not, by reason Service
Officers to
of such appointment, cease to be a member of an All India Service: State posts.
Provided that no member of the Indian Administrative Service or the Indian
Police Service shall be appointed to a post in any State Service, or class
or category thereof, unless such post is declared by the Government to be
equivalent in status and responsibility to a post specified in Schedule III to
the Indian Administrative Service (Pay) Rules, 1954, or as the case may be,
in Schedule III to the Indian Police Service (Pay) Rules, 1954 as may be in
force, from time to time.
38
Relinquishment 57. (1) Any person may, in writing, relinquish any right or privilege to which
of rights by he may be entitled under this Act or the special rules if, in the opinion of
members.
the appointing authority, such relinquishment is not opposed to public interest;
and nothing contained in this Act or the special rules shall be deemed to
require the recognition of any right or privilege to the extent to which it has
been so relinquished.
(2) Relinquishment of a right or privilege for a temporary period shall
be accepted if it is made for a period of not less than three years, subject
to the condition that after the expiry of the said period, the claim of the right
or privilege relinquished will be with reference to the state of affairs that exist
on the date of expiry of the period of relinquishment and without restoration
of original seniority. If relinquishment of right or privilege is made permanently
and is accepted, subsequent claim of the relinquished rights or privileges shall
not be entertained.
Power to deal 58. Notwithstanding anything contained in this Act or in the special rules,
with certain the Governor shall have power to deal with the case of any person or class
cases. of persons serving in a civil capacity under the Government or of any person
who has or of any class of persons who have served as aforesaid or any
candidate or class of candidates for appointment to a service in such manner
as may appear to him to be just and equitable:
Provided that, where any provision of this Act or the special rules is
applicable to the case of any person or class of persons, the case shall not
be dealt with in any manner less favourable to him or them than that provided
by that rule.
Alteration of 59. (1) If, at the time of appointment, a candidate claims that his date
date of of birth is different from that entered in his S.S.L.C. or Matriculation Register
birth.
or school records, he shall make an application to the Commission in cases
where the appointment is made in consultation with the Commission and, in
other cases, to the appointing authority stating the evidence on which he relies
and explaining how the mistake occurred. The application shall be forwarded
to the Commissioner of Revenue Administration for report after investigation
by an officer not below the rank of a Deputy Collector and, on receipt of the
report, the Commission or the appointing authority, as the case may be, shall
decide whether the alteration of date of birth may be permitted or the application
may be rejected:
Provided that in case of a candidate who was born outside the State of
Tamil Nadu, the investigation through the Commissioner of Revenue Administration
shall be dispensed with and the Commission or the appointing authority, as
the case may be, shall examine and scrutinize the records that may be
produced by the candidate and shall decide whether the alteration of date of
birth may be permitted or the application may be rejected.
(2) After a person has entered service, an application to alter the date
of his birth as entered in the official records shall be entertained only if such
an application is made within five years of such entry into service. Such an
application shall be made to the authority competent to make an appointment
to the post held by the applicant at the time of his application and shall be
disposed of in accordance with the procedure laid down in sub-section (1).
(3) Any application received after five years after entry into service
or any application, which is not supported by entries in Secondary School
Leaving Certificate, School, College or University records, birth extract from
records of local bodies or military discharge certificates, shall be summarily
rejected.
39
69. Any rule continued by Article 313 of the Constitution or made under Application of
certain
the proviso to Article 309 of the Constitution in respect of any service, class
rules.
or category thereof shall be applicable to all persons holding posts intended
to be held by members of that service, class or category on the date on which
such rule was made:
42
Provided that nothing in any such rule shall, unless a contrary intention
is expressly indicated therein, operate to deprive any such person of any right
or privilege to which he is entitled by or under any rule or applicable to him
prior to the making of such rule:
Power to 73. (1) The Government may, by notification, alter, add to or cancel any
amend of the Schedules
Schedules.
(2) Every notification or order issued under this Act shall, as soon
as possible, after it is issued, be placed on the Table of the Legislative
Assembly, and if, before the expiry of the session in which it is so placed
or the next session, the Assembly makes any modification in any notification
or order, or the Assembly decides that the notification or order should not
be issued the notification or order shall thereafter have effect only in such
modified form or be of no effect, as the case may be, so, however, that
any such modification or annulment shall be without prejudice to the validity
of anything previously done under that notification or order.
43
SCHEDULE-I
PART - A
PART - B
PART C
PART - D
DENOTIFIED COMMUNITIES
1. Attur Kilnad Koravars (Salem,Namakkal, Cuddalore, Villupuram,
Ramanathapuram, Sivaganga and Virudhunagar Districts)
2. Attur Melnad Koravars (Salem and Namakkal District)
3. Appanad Kondayam kottai Maravar (Sivaganga, Virudhunagar,
Ramanathapuram, Madurai,Theni and Dindigul Districts)
4. Ambalakarar (Thanjavur, Nagapattinam, Tiruvarur, Tiruchirapalli, Karur,
Perambalur and Pudukottai Districts)
5. Ambalakkarar ( Suriyanur, Tiruchirapalli District)
6. Boyas (Tiruchirapalli, Karur, Perambalur, Pudukottai, The Nilgiris, Salem,
Namakkal, Dharmapuri and Krishnagiri Districts)
7. Battu Turkas
8. C.K. Koravars (Cuddalore and Villupuram Districts)
9. Chakkala (Sivaganga, Virudhunagar, Ramanathapuram, Thanjavur,
Nagapattinam,Tiruvarur, Pudukottai Tiruchirapalli, Karur, Perambalur,
Madurai, Theni, Dindigul and The Nilgiris Districts)
51
SCHEDULE-II
PART A
SCHEDULED CASTES.
[ See clause (w) in section 3 ]
1. Adi Andhra.
2. Adi Dravida.
3. Adi Karnataka.
4. Ajila.
5. Arunthathiyar.
6. Ayyanavar (in Kanyakumari District and Shenkottah taluk of Tirunelveli
District).
7. Baira.
8. Bakuda.
9. Bandi.
10. Bellara.
11. Bharatar (in Kanyakumari District and Shenkottah taluk of Tirunelveli
District).
12. Chakkiliyan.
13. Chalavadi.
14. Chamar, Muchi.
15. Chandala.
16. Cheruman.
17. Devendrakulathan.
18. Dom, Dombara, Paidi, Pane.
19. Domban.
20. Godagali.
21. Godda.
22. Gosangi.
23. Holeya.
24. Jaggali.
25. Jambuvulu.
26. Kadaiyan.
27. Kakkalan (in Kanyakumari District and Shenkottah taluk of Tirunelveli
District).
28. Kalladi.
29. Kanakkan, Padanna (in The Nilgiris District).
30. Karimpalan.
55
31. Kavara (in Kanyakumari District and Shenkottah taluk of Tirunelveli District).
32. Koliyan.
33. Koosa.
34. Kootan, Koodan (in Kanyakumari District and Shenkottah taluk of Tirunelveli
District).
35. Kudumban.
36. Kuravan Sidhanar.
37. Madari.
38. Madiga.
39. Maila.
40. Mala.
41. Mannan (in Kanyakumari District and Shenkottah taluk of Tirunelveli
District).
42. Mavilan.
43. Moger.
44. Mundala.
45. Nalakeyava.
46. Nayadi.
47. Padannan (in Kanyakumari District and Shenkottah taluk of Tirunelveli
District).
48. Pagadai.
49. Pallan.
50. Palluvan.
51. Pambada.
52. Panan (in Kanyakumari District and Shenkottah taluk of Tirunelveli
District).
53. Panchama.
54. Pannadi.
55. Panniandi.
56. Paraiyan, Parayan, Sambavar.
57. Paravan (in Kanyakumari District and Shenkottah taluk of Tirunelveli
District).
58. Pathiyan (in Kanyakumari District and Shenkottah taluk of Tirunelveli
District).
59. Pulayan, Cheramar.
60. Puthirai Vannan.
61. Raneyar.
62. Samagara.
56
63. Samban.
64. Sapari.
65. Semman.
66. Thandan (in Kanyakumari District and Shenkottah taluk of Tirunelveli
District).
67. Thoti.
68. Tiruvalluvar.
69. Vallon.
70. Valluvan.
71. Vannan (in Kanyakumari District and Shenkottah taluk of Tirunelveli
District).
72. Vathiriyan.
73. Velen.
74. Vetan (in Kanyakumari District and Shenkottah taluk of Tirunelveli District).
75. Vettiyan.
76. Vettuvan (in Kanyakumari District and Shenkottah taluk of Tirunelveli
District).
PART B
SCHEDULED TRIBES.
16. Kurichchan.
17. Kurumbas (in The Nilgiris District).
18. Kurumans.
19. Maha Malasar.
20. Malai Arayan.
21. Malai Pandaram.
22. Malai Vedan.
23. Malakkuravan.
24. Malasar.
25. Malayali (in Dharmapuri, Krishnagiri, Vellore, Thiruvannamali, Pudukottai,
Salem, Namakkal, Villuppuram, Cuddalore, Tiruchirappalli, Karur, Ariyalur
and Perambalur Districts).
26. Malayekandi.
27. Mannan.
28. Mudugar, Muduvan.
29. Muthuvan.
30. Palleyan.
31. Palliyan.
32. Palliyar.
33. Paniyan.
34. Sholaga.
35. Toda (excluding Kanyakumari district and Shenkottah taluk of Tirunelveli
district).
36. Uraly.
58
SCHEDULE-III
SCHEDULE-IV
PART C
Taking down in English evidence 50 25
given in Tamil and asking
questions in Tamil
PART D
Reading with fluency and
translating correctly three 100 50
petitions in Tamil or other
official manuscripts written
in a plain running hand.
ExplanationIn the case of candidates who are required to pass the
Second Class Language Test (full test) they will be allowed to appear for
part D separately and will be required to appear for all other parts at the same
time.
61
SCHEDULE-V
SCHEDULE-VI
BLIND
General Turn
1 100 45,86 89
7,48 15 50 39
9 45 55,96 55
11 69 60 5
16,57 85 65 21
19 11 69 75
21 35 74 91
26,67 51 79 41
28 81 84 59
31 1 89 9
36,77 19 94 25
38 48 98 79
40 71
Backward Classes
Rotation Turn
5,15,25,35,45,55,65,75,85,95 8
7,17,27,37,47,57,67,77,87,97 47
9,19,29,39,49,59,69,79,89,99 88
Rotation Turn
5,20,35,50, 65,80,95 57
9,24,39,54,69,84,99 27
11,26,41,56,71,86 83
68
Scheduled Castes
Rotation Turn
2,52 76
11,61 92
15,65 52
19,69 42
28,78 62
32,82 16
36,86 12
45,95 26
48,98 82
Scheduled Tribes
Rotation Turn
33 50
DEAF
General Turn
2 100 43 95
5 21 49,90 9
10,51 39 53 61
12 69 58,99 79
14 91 63 29
20,61 5 68 45
22 35 72 98
24 59 78 11
29,70 75 82 65
32 1 87 81
34 25 92 31
39,80 41 97 48
41 71
BACKWARD CLASSES
Rotation Turn
3,13,23,33,43,53,63,73,83,93 20
8,18,28,38,48,58,68,78,88,98 40
10,20,30,40,50,60,70,80,90,100 80
69
Rotation Turn
1,16,31,46,61,76,91 83
10,25,40,55,70,85,100 57
14,29,44,59,74,89 27
Scheduled Castes
Rotation Turn
4,54 36
8,58 32
17,67 52
21,71 6
25,75 2
34,84 16
37,87 72
41,91 66
50,100 82
Scheduled Tribes
Rotation Turn
62 50
ORTHOPAEDICALLY CHALLENGED
General Turn
3,44 95 47 15
6 21 52,93 31
8 45 56 85
13,54 61 61 100
15 91 66 51
18 11 71 69
23,64 29 76 19
25 59 81 35
27 81 85 89
32,73 98 91 1
35 25 95 55
37 48 100 71
42,83 65
70
BACKWARD CLASSES
Rotation Turn
1,11,21,31,41,51,61,71,81,91 74
4,14,24,34,44,54,64,74,84,94 14
6,16,26,36,46,56,66,76,86,96 54
Rotation Turn
4,19,34,49,64,79,94 27
6,21,36,51,66,81,96 83
15,30,45,60,75,90 57
Scheduled Castes
Rotation Turn
6,56 36
9,59 92
13,63 86
23,73 6
26,76 62
30,80 56
39,89 72
43,93 26
47,97 22
Scheduled Tribes
Rotation Turn
98 50
71
SCHEDULE-VII
(See section 27(c) )
1,3,5,7,9,11,13,15,17,19,21,23,25,27,29,31,33,35,37, 62,192
39,41,43,45,47,49,51,53,55,57,59,61,63,65,67,69,71,
73,75,77,79,81,83,85,87, 89,91,93,95,97,99
2,4,6,8,10,12,14,16,18,20,22,24,26,28,30,32,34,36, 126
38,40,42,44,46,48,50,52,54,56,58,60,62,64,66,68,70,
72,74,76,78,80,82,84,86, 88,90,92,94,96,98,100
ROTATION TURN
2, 12, 22, 32, 42, 52, 62, 72, 82, 92 102
5, 15, 25, 35, 45, 55, 65, 75, 85, 95 166
9, 19, 29, 39, 49, 59, 69, 79, 89, 99 32
SCHEDULE-VIII
SCHEDULE-IX
( See section 27 )
The method of carrying forward of vacancies reserved for the Scheduled
Castes and Scheduled Tribes candidates by direct recruitment is illustrated
below:
If five vacancies reserved for the candidates belonging to Scheduled Castes
and Scheduled Tribes remain unfilled in earlier years and they are carried
forward as backlog vacancies and fifty new vacancies arise in the year of
recruitment of which nine vacancies are to be reserved for the Scheduled
Castes and Scheduled Tribes fifteen vacancies for the Backward Classes, ten
vacancies for the Most Backward Classes and Denotified Communities and
sixteen vacancies for open competition following the existing instructions on
reservation, the number of vacancies to be announced shall be as follows:
It may be seen from the above that while the vacancies reserved for the
Scheduled Castes and Scheduled Tribes which remain unfilled shall be carried
forward to the next year of recruitment as backlog vacancies, the carried
forward reservation for the Scheduled Castes and Scheduled Tribes on the 1st
April 1989 as a result of the filling up of the relevant vacancies after dereservation,
shall continue to be operated against current vacancies. If such reserved
vacancies are still not filled up, they shall be carried forward as back log
vacancies.
While the ban on dereservation comes into effect on the 1st April 1989
in respect of direct recruitment to Group A, B, C & D in case of vacancies
in Groups A and B Services, there may be rare and exceptional cases where
after the non-availability of suitable candidates belonging to the Scheduled
Castes and Scheduled Tribes posts cannot be allowed to remain vacant in
public interest. In such situations, the Administrative Department under which
the recruitment is being made shall make a proposal for dereservation giving
full justification for such action, and consult the Director of Adi Dravidar and
Tribal Welfare and the Secretary to Government, Adi Dravidar and Tribal
Welfare and obtain the comments on each proposal. After obtaining the
comments of the Director of Adi Dravidar and Tribal Welfare and the Secretary,
Adi Dravidar and Tribal Welfare Department, the administrative department shall
then place the proposal for dereservation along with the comments of the
Director of Adi Dravidar and Tribal Welfare before a committee comprising
the Secretary to Government, Adi Dravidar and Tribal Welfare Department,
the Secretary to Government, Personnel and Administrative Reforms Department
and the Secretary to Government in charge of the Department to which the
recruitment is being made for consideration and recommendation. The
recommendation of this committee shall be placed before the Minister in charge
of the Personnel and Administrative Reforms Department and the Minister for
Adi Dravidar and Tribal Welfare, for a final decision.
80
SCHEDULE-X
[See section 20 (8) and 26 (3)]
(1) Name of the individual :
(2) Full Postal Address :
(3) Details of job held, if any :
(4) Particulars of her children,
if any :
(5) Name and last occupation
of her late husband :
(6) Date of demise of her
husband :
(7) Monetary benefits received
after her husbands death by
way of family pension,
insurance, etc., if any :
(8. Details of Properties if any
immovable and movable :
left behind by him
(9. Present monthly income.
(a) From salaries/wages :
(b) From family pension :
(c) From private properties :
(d) Rents received
(e) From private practice :
(f) Other sources, if any :
(g) Total :
10. Whether living alone or living with
her husbands parents/in-laws/
parents/brother (s) :
11. Whether she satisfies the definition :
of the term Destitute Widow
as defined in section 20(8) and
26 of this Act
Certified that I have verified the particulars furnished by the individual and
satisfied myself as to the correctness of her claim with reference to the definition
of the term Destitute Widow in section 20(8) and 26 of this Act
Place: Name :
Date: Designation :
SCHEDULE-XI
[See section 7 (1)]
PARTA
I. Procedure for preparation of approved list:-
(1) Based on the estimate of vacancies arrived, promotion or appointment
to a post shall be made from a list of approved candidates prepared on the
basis of merit, ability and seniority and other qualifications as prescribed in
the Special Rule for the post. The seniority of a member of service shall
be determined by the rank obtained by him in the list of approved candidates
drawn up by the Tamil Nadu Public Service Commission or the Appointing
Authority, as the case may be, subject to the rule of reservation where it
applies. The merit, ability and other aspects shall be assessed over a period
of five years as per Annual Confidential Reports and punishments, if any,
imposed.
(2) The proposal for preparation of approved list shall be submitted to the
appointing authority as per the proforma prescribed in PartB of this Schedule
and the seniority list and other particulars shall be furnished as per
PartC of this Schedule.
(3) Particulars about members of service to be considered for inclusion
in the approved lists shall be examined in seriatim in the proforma, as
prescribed in PartD of this Schedule.
II. Consideration of members for inclusion in the approved lists:-
(1) In cases where enquiry (except Tribunal for Disciplinary Proceedings
enquiry) including preliminary or detailed enquiry by the appropriate Investigating
Authority is pending against a member of service and no specific charges
have been framed, promotion or appointment of such member of service shall
be considered on the basis of the merit revealed through Annual Confidential
Reports, Record Sheets and Punishments imposed. In cases where specific
charges have been framed or charge sheet has been filed in criminal case
against a member of service, promotion or appointment of such member of
service shall be deferred till such proceedings are concluded. On exoneration
or acquittal from the charges, a member of service shall be considered for
promotion or appointment with retrospective effect from the date on which his
immediate junior was promoted, if he is otherwise qualified for such promotion.
(2) If the disciplinary proceedings under rule 17(b) of the Tamil Nadu Civil
Services (Discipline and Appeal) Rules pending against a member of service
are merely stayed by a Court, his case shall be deferred till the judicial
proceedings are concluded, unless a contrary order is passed by the Court
and it is decided not to challenge the same. If the Court quashes the charge
memo, then the name of the member of service concerned shall be considered
for inclusion in the approved list for promotion or for appointment, if he is
otherwise qualified.
(3) The name of a member of service shall not be considered for inclusion
in the approved list, if any enquiry is pending against him in the Tribunal
for Disciplinary Proceedings.
(4) Issuance of a show cause notice or charges framed under rule 17(a)
of the Tamil Nadu Civil Services (Discipline and Appeal) Rules against a
member of service shall not be a bar for inclusion of his name in the approved
list.
83
PARTB
PARTC
Seniority List
(1) The seniority list should be a printed or cyclostyled one, published and
communicated to all the persons concerned. (With number and date of reference
in which the list was communicated)
(2) While furnishing the seniority list in the approved list files, the following
particulars should also be typed against the name of each individuals:-
(i) Date of birth :
(ii) Date of superannuation :
(iii) Whether he is now in service
or whether he has voluntarily
retired, resigned, dismissed or
removed from service after
publication of the list :
(iv) The post now held by him :
(v) If the member of service has relinquished his
right for appointment to the post, state whether
the relinquishment was temporary or
permanent. (Number and date of order of
acceptance to be indicated). In case of
temporary relinquishment, the date on which
the temporary relinquishment would expire
should be indicated.
(3.) Typed seniority list which has not been published / communicated should
not be sent or accepted.
PARTD
SCHEDULE-XII
[ See section 63(2) ]
Place :
Date : Signature of the Commanding Officer.