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

1 SECTIONS. THE TAMIL NADU GOVERNMENT SERVANTS (CONDITIONS OF SERVICE) ACT, 2016. ARRANGEMENT OF SECTIONS. 1. Short title and commencement. 2. Application. 3. Definitions. 4. Classification. 5. Pay, allowances, leave, leave salary, pension and other conditions of service. 6. Cadre. 7. Approved candidates. 8. Application fee for recruitment. 9. Method of recruitment. 10. Right of probationers and approved probationers to re-appointment. 11. Discharge and re-appointment of probationers, approved probationers and full members. 12. Members absent from duty. 13. Right to be a probationer or approved probationer, in two or more services. 14. Service right in former service. 15. Age concession for appointment on compassionate grounds. 16. Employment concession for outstanding Scouts. 17. Temporary appointments. 18. Recruitment to posts, which are outside the purview of the Commission. 19. Appointment by agreement. 20. Qualifications. 21. Linguistic qualification. 22. Language Test. 23. Special provisions relating to certain degrees. 24. Exemption from special qualification to be acquired or special test to be passed during probation. 25. Special qualifications. 26. Appointment of women. 27. Reservation of appointments. 28. Date of commencement of probation of persons first appointed temporarily. 29. Service in a different service counting for probation. 30. Completion of probation and drawal of arrears of increment. 31. Termination or extension of probation. 32. Probationer‘s suitability for full membership. 2 33. Extension of probation. 34. Exercise of certain powers of appointing authority by higher authorities. 35. Exercise of certain powers of appointing authority by lower authorities. 36. Appeal against discharge. 37. Appointment of full members. 38. Appointment as full member, discharge and re-appointment of member who are not probationers or approved probationers. 39. Penalty for failure to pass prescribed test. 40. Fixation of seniority. 41. Promotion. 42. Appointment to higher category not to be considered if he had been on leave for three or four years or more continuously. 43. Appointment by recruitment by transfer. 44. Promotion or recruitment by transfer during extension of service. 45. Revision of list of approved candidates for appointment by promotion or by recruitment by transfer. 46. Annulment or modification of list of approved candidates for appointment or promotion by Government. 47. Temporary promotion. 48. Posting and transfer. 49. Consequence of resignation. 50. Acceptance of resignation. 51. Military duty to count for pension. 52. Reversion and re-appointment of full member. 53. Appointment in place of members dismissed, removed, compulsorily retired or reduced in rank. 54. Savings. 55. Re-employment of pensioners. 56. Appointment of All India Service Officers to State posts. 57. Relinquishment of rights by members. 58. Power to deal with certain cases. 59. Alteration of date of birth. 60. Correction of date of birth. 61. Age concession for discharged Government employees or temporary Government employees. 62. Application of adhoc rules. 63. Concession for Ex-servicemen. 64. Age concession for Differently abled. 65. Age concession for persons affected due to the ban on direct recruitment. 66. Appeal or Review. 3 67. Committee on Appeals. 68. Overriding effect of special rules. 69. Application of certain rules. 70. Validation. 71. Special provisions. 72. Power to remove difficulties. 73. Power to amend Schedules. SCHEDULE-I SCHEDULE-II SCHEDULE-III SCHEDULE-IV SCHEDULE-V SCHEDULE-VI SCHEDULE-VII SCHEDULE-VIII SCHEDULE-IX SCHEDULE-X SCHEDULE-XI SCHEDULE-XII 4 The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 14th September 2016 and is hereby published for general information:— ACT No. 14 OF 2016 An Act to regulate the Service conditions of the Tamil Nadu Government Servants. BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-seventh Year of the Republic of India as follows:— 1. (1) This Act may be called the Tamil Nadu Government Servants (Conditions of Service) Act, 2016. (2) Sub-section (1) of section 40 shall be deemed to have come into force on the 1st January 1955 and all the remaining provisions of this Act shall come into force at once 1 . 2. This Act shall apply to the holders of all posts, whether temporary or permanent, in all State and Subordinate Services except to the extent otherwise expressly provided— (a) by or under any law for the time being in force; or (b) in respect of any member of such service by a contract or agreement subsisting between such member and the Government. 3. In this Act, unless the context otherwise requires,— (a) ―appointed by transfer‖ means appointment of a member of a service from one category to another category in the same service carrying identical 2 [ levels of pay in the pay matrix]; (b) ―appointed to a service‖ means when a person appointed in accordance with this Act or in accordance with the rules applicable at the time, as the case may be, discharges, for the first time the duties of a post borne on the cadre of such service or commences the probation, instruction or training prescribed for members thereof. Short title and Commence- ment. Application Definitions. Explanation.— The appointment of a person holding a post borne on the cadre of one service to hold additional charge of a higher post in the same service or a post borne on the cadre of another service or to discharge the current duties thereof does not amount to appointment to the latter service; (c) ―approved candidate‖ means a candidate whose name appears in an authoritative list of candidates approved for appointment to any service, class or category; (d) ―approved probationer‖ means member of a service, class or category, who has satisfactorily completed his probation and awaits appointment as a full member of such service, class or category; (e) ―Arunthathiyars‖ means the castes, Arunthathiyar, Chakkiliyan, Madari, Madiga, Pagadai, Thoti and Adi Andhra within the list of 76 Scheduled Castes notified by the President of India under Article 341 of the Constitution by the Constitution (Scheduled Castes) Order, 1950; (f) ―Backward Classes‖ means the communities specified as Backward Classes, Backward Class Muslims, Most Backward Classes and Denotified Communities in Parts A, B, C and D respectively, of Schedule-I. 1. 15th September 2016 , vide Notification No. 207, dated 15.09.2016 , see Tamil Nadu Government Gazette Extraordinary, Part IV - Section 2. 2. Subs. by Tamil Nadu Act 34 of 2019 S.7 [w.e.f. 11.10.2017] 5 Explanation.— Persons who belong to the State of Tamil Nadu alone, who belong to one of the communities specified in Schedule-I, shall be treated as persons who belong to one of such communities; (g) ―Commission‖ means the Tamil Nadu Public Service Commission; (h) ―committee on appeals‖ means the committee specified in section 67; (i) ―discharge of a probationer‖ means, in case the probationer is a full member or an approved probationer of another service, class or category reverting him to such service, class or category and in any other case, dispensing with his services; (j) ―ex-servicemen‖ means,— (i) any person, who had served in any rank (whether as combatant or not) in the Armed Forces of the Union and has been released therefrom on or before the 30th June 1968 otherwise than by way of dismissal or discharge on account of misconduct or inefficiency; or (ii) any person, who had served in any rank (whether as combatant or not) in the Armed Forces of the Union for a continuous period of not less than six months after attestation and released therefrom between 1st July 1968 and 30th June 1979 (both days inclusive) otherwise than by way of dismissal or discharge on account of misconduct or inefficiency; or (iii) any person, who had served in any rank (whether as combatant or not) in the Armed Forces of the Union for a continuous period of not less than six months after attestation, if released between 1st July 1979 and 30th June 1987 (both days inclusive),— (a) for reasons other than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency; or (b) at his own request after serving for a period of not less than five years; or (iv) any person, who had served in any rank (whether as combatant or not) in the Armed Forces of the Union, and had retired or had been released on or after 1st July 1987 from such service,— (a) at his own request after earning his pension; or (b) on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or (c) otherwise than at his own request after earning his pension, as a result of reduction in establishment; or (d) after completing specific period of engagement, otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency and has been given a gratuity; (v) any person of the Territorial Army of the following categories, namely, pension holder for continuous embodied service, person with disability attributable to military service and gallantry award winner retired on or after 15 th November 1986;or (vi) any person of the Army Postal Service who retired on or after 19th July 1989 directly from the said service without reversion to Postal and Telegraph Department with pension or who has been released on or after 19th July 1989 from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or 6 1[―(vii) any person who was on deputation in Army Postal Service for more than six months prior to the 14th day of April 1987; (viii) any person who was boarded out or released on medical grounds and granted medical or disability pension; (ix) any person 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; (x) such other person as may be notified by the Government from time to time: Provided that in all cases, an ex-serviceman once recruited to a post in any service or class or category, cannot claim the concession of being called an ex- serviceman for his further recruitment: Provided further that a person discharged before July 1987 under Army Rule 13 (3) III (V) for the reason that his service is no longer required is not an ex-serviceman;‖.] (k) ―full member‖ means a member whose service has been confirmed in the service in which he has been first appointed; (l) ―Government‖ means the State Government; (m) ―member of a service‖ means a person who has been appointed to that service and who has not retired or resigned, been removed or dismissed, been substantively transferred or reduced to another service or been discharged otherwise than for want of vacancy. He may be a probationer, an approved probationer or a full member of that service; (n) ―military duty‖ means,— (i) duty of any kind (including a course of training) involving subjection to Naval, Military or Air Force Law; or (ii) duty (including a course of training), with a liability to serve overseas or in any operational area in Naval, Military or Air Force unit or formation or under Military, Munitions or Stores authorities or in factories; or (iii) whole time duty in— (a) the Civil Pioneer Force, the Madras Civil Labour Units or the Madras Labour Units for Ceylon; or (b) the Armed Reserve Police or any other Civil Defence Organisation specified by the Central Government; or (c) any post created for the efficient prosecution of the war of 1939- 1946 or associated with the training of war technicians, if duty in such post is declared by the Central Government to be military duty. Explanation.— No duty shall be treated as military duty unless either of the following condition is satisfied:— (i) It must have been rendered within the period commencing on the 3rd September 1939 and ending with the 21st November 1948: Provided that if it commenced on or after the 2nd April 1946, it shall not be reckoned as military duty; or (ii) It must have been rendered within the period commencing on the 26th October 1952 and ending with the 10th January 1968; (o) ―on duty‖ means a person as a member of a service,— (i) when he is performing the duties of a post borne on the cadre of such service or is undergoing the probation, instruction or training prescribed for such service; (ii) when he is on joining time; or 1. Subs. by Tamil nadu Act 34 of 2019 S.2(w.e.f. 15.09.2016) 7 (iii) when he is absent from duty during vacation or on authorised holidays or on casual leave taken in accordance with the instructions regulating such leave issued by the Government having been on duty immediately before and immediately after such absence; (iv) when he has compulsorily to wait for orders of posting on return from leave; 1 [―(oo) ―person with benchmark disability ‖ means a person with not less than forty per cent of a specified disability where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority designated by the Government under sub-section (1) of section 57 of the Rights of Persons with Disabilities Act, 2016 (Central Act 49 of 2016);‖] (p) ―probationer in a service‖ means a member of that service who has been placed on probation as prescribed in the special rules applicable to him and not completed his probation; (q) ―promotion‖ means the appointment of a member of any category or grade of service or class of service to a higher category or grade of such service or class; (r) ―recruited direct to a service‖ means when a candidate, in case his first appointment to a service, class or category has to be made in consultation with the Commission, on the date of its notification inviting applications for the recruitment and in any other case, at the time of his first appointment thereto, he is not in the service of the Government of India or the Government of a State: Provided that, for the purpose of this definition, a person shall be deemed to be not in the service of the Government of India or the Government of a State— (i) if a period of five years has not elapsed since his first appointment to a service of the Government of India or the Government of a State; or (ii) if he belongs to the Scheduled Castes, Schedules Tribes or Backward Classes; (s) ―recruited by transfer to a service‖ means,- (i) if, at the time of his first appointment to a service, class or category, he is either a full member or an approved probationer in the Madras High Court Service or in any other service, the rules for which prescribe a period of probation for member thereof; or (ii) in case, at the time of his first appointment thereto, he is the holder of a post which has been included in another service but for which no probation has been prescribed, if he has put in that post satisfactory service for a total period of two years on duty within a continuous period of three years. Explanation.— Where the special rules for a service provide for recruitment to that service or to any class or category thereof by transfer from any specified service, class or category, a candidate need not, for the purpose of such recruitment, be a full member or an approved probationer in the service, class or category so specified, provided he is a full member or an approved probationer in any other service, class or category; (t) ―recruitment agency‖ means the Tamil Nadu Public Service Commission, the Teachers Recruitment Board, the Tamil Nadu Uniformed Service Recruitment Board, the Tamil Nadu Medical Services Recruitment Board and such other bodies constituted by the Government for selection of candidates for appointment to any service; (u) ―reserve list‖ means a list which is prepared so as to contain not less than twenty five per cent of the candidates of each reservation group including General Turn in the regular list and shall be in force until the regular list is drawn up subsequently; 1. Ins. by Tamil Nadu Act 30 of 2017, s.2 (w.e.f. 19-04-2017) 8 (v) ―Schedule‖ means the Schedule appended to this Act; (w) ―Scheduled Castes‖ means the communities mentioned in Part-A of Schedule-II. Explanation.— No person who professes a religion different from Hinduism or Sikhism or Buddhism shall be deemed to be a member of a Scheduled Caste: Provided that nothing contained in this Explanation shall adversely affect the notifications issued and selections or appointments made during the period on and from the 3rd June 1990 to the 1st August 2008; (x) ―Scheduled Tribes‖ means the communities mentioned in Part-B of Schedule-II; (y) ―service‖ means a group of persons classified by the Government as a State Service or Subordinate Service, as the case may be. Explanation.— Where the context so requires, ―service‖ means the period during which a person holds a post or a lien on a post or is a member of a service as above defined; (z) ―Special Rules‖ means the rules in Part-III of the Tamil Nadu State and Subordinate Service Rules applicable to each service or class of service; (za) ―war service‖ means— (i) service of any kind in a unit or formation liable for service overseas or in any operational area or in the Indian National Army (I.N.A); (ii) service in India under military, munitions or stores authorities or in factories with a liability to serve overseas or in any operational area; (iii) all other service involving subjection to Naval, Military or Air Force Law; (iv) a period of training with a Military unit or formation involving liability to serve overseas or in any operational area; (v) valuable service rendered to the fighting forces in otherways, e.g., by way of recruiting; (vi) service in Armed Reserve Police or any other civil defence organisation specified in this behalf by the Central Government or any Government; (vii) any service connected with the prosecution of the war which a person was required to undertake by a competent authority under the provisions of any law for the time being in force; (viii) service in any of the following:— (a) National war front organisation; (b) Camouflage organization; (c) Special organisation for the production of war supplies through small scale industries; (d) any post associated with the training of war technicians if duty, in such post is declared by the Central Government to be, Military duty; (e) post of Special Constable on coastal patrol duty; and (f) survey of India if the service was temporary and involved liability for service overseas. 9 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). Classification Pay, allowances, leave, leave salary, pension and other conditions of service. (3) Persons whose service of any of the kinds specified above has been characterized in their discharge certificate or other documents as ‗indifferent‘ or ‗bad‘ shall not be eligible for the concessions allowed by this Act. (4) Persons who have been discharged from the Army, Navy or Air Force or from any other kind of war service for any reasons other than those specified below shall not be eligible for the concessions allowed by this Act,— (i) medical invalidations; (ii) demobilization; (iii) completion of engagement; (iv) unlikely to become an efficient solider or airman, etc; (v) services no longer required; (vi) character not tested; (vii) compassionate grounds; (viii) unfit for service; (ix) below standard; (5) The service shall be in connection with the war of 1939-1946. 1[―4. Classification:—Persons holding posts under the Government shall be classified into Groups as specified in Schedule-XIII.‖.] 5. The Tamil Nadu Civil Services (Discipline and Appeal) Rules, the rules regulating the pay of the services, the Tamil Nadu Government Servants‘ Conduct Rules, 1973, the Fundamental Rules, the Tamil Nadu Leave Rules, 1933 and the Tamil Nadu Pension Rules, 1978, shall in so far as they may be applicable and except to the extent expressly provided in this Act, govern members of every service in the matter of their pay, allowance, leave, leave salary, pension and other conditions of service: Provided that save as otherwise expressly provided in the special rules nothing contained in this Act shall affect the operation of the provisions of rule 16 of the Tamil Nadu Pension Rules, 1978 relating to the fixation of pay of a member of a service who is in receipt of a military pension: Provided further that a person appointed in a department, performing agency functions on behalf of the Central Government in pursuance of the provisions of clause (1) of Article 258 of the Constitution shall be governed in the matter of his leave and pension by the rules issued by the Central Government in that behalf: Provided also that the said rules shall, in their application to the members of the Secretariat staff of the Governor, be construed as if the functions of the Government under those rules were the functions of the Governor. 1. Subs by Tamil Nadu Act 34 of 2019 S.3 (w.e.f. 11.10.2017) 10 6. The permanent cadre of each service, class, category and grade shall be determined by the Government. 7. (1) All first appointments to any class or category or grade in any State Service or Subordinate Service, whether by direct recruitment or by recruitment by transfer or by promotion, shall be made by the appointing authority from a list of approved candidates. All appointments made by transfer, from one class to another class and from one category to another category, in the same service carrying identical 1 [ levels of pay in the pay matrix] shall be made by the appointing authority from a list of approved candidates. Such list shall be prepared in the manner as specified in Schedule-XI by the appointing authority or any other authority empowered in the special rules in that behalf and shall be displayed in the notice board in the office of the appointing authority. The list shall also be communicated to all persons concerned by registered post whose names are found in the list as well as to persons senior to the junior most person included in the list whose names have not been included in the list. Where the candidates in such list are arranged in their order of preference, appointments to the service shall be made in such order: Provided that the list of approved candidates for appointment by promotion and by recruitment by transfer to all the categories of posts in the State and Subordinate Services shall be prepared annually against the estimated number of vacancies expected to arise during the course of a year. The estimate of vacancies shall be prepared taking into account the total number of permanent post in a category; the number of temporary posts in existence; the anticipated sanction of new posts in the next year; the recruitment post of leave reserves; the anticipated vacancies due to retirement and promotion, etc., in the course of the year and the number of candidates already in position in that category. The list of approved candidates, so prepared, shall be in force for a period of one year only and shall lapse at the end of the year. The candidates whose names were included in the previous list, but were not appointed, shall be considered, if eligible for inclusion in the list of next year along with their seniors, if any, whose names were not included in the previous list either because they were found not suitable or because they were not technically qualified when the previous list was drawn up: Provided further that, for preparing such lists to fill up vacancies, the names of the qualified candidates in the seniority list in a class, category or service shall be considered in the following proportions (rounding off fractions to the next whole number):— Number of Number of qualified candidates to be considered. vacancies. 1-20 200% of the actual number of estimated vacancies; 21-80 175% of the actual number of estimated vacancies, subject to a minimum of 40; 81 and 150% of the actual number of estimated vacancies, subject to a above minimum of 140: Provided also that if the qualified candidates, after consideration of their claims, are found not suitable for the post, the names of the next qualified candidates, to the extent necessary, shall be considered: Provided also that in respect of each reserved vacancy to be filled up by the candidate belonging to the Backward Class, Backward Class Muslims or the Most Backward Class and Denotified Community or the Scheduled Caste or the Scheduled Tribe, the names of the first two qualified candidates belonging to the Backward Classes, Backward Class Muslims or Most Backward Classes and Denotified Communities or the Scheduled Castes and Scheduled Tribes, as the case may be, 1 Subs. by Tamil Nadu Act 34 of 2019 S.7 (w.e.f. 11.10.2017) Cadre. Approved candidates. 11 shall be considered, subject to their availability and if the first two qualified candidates belonging to the Backward Classes, Backward Class Muslims or Most Backward Classes and Denotified Communities or the Scheduled Castes and Scheduled Tribes, as the case may be, are found not suitable for the post, the claims of the next two qualified candidates belonging to that reserved category shall be considered. No reserved vacancy shall be left unfilled, except when no qualified candidates in the seniority list in a class, category or service belonging to that reserved category are available for consideration. In respect of a vacancy to be filled up by General Turn, the names of the qualified candidates including those belonging to the Backward Classes, Backward Class Muslims, the Most Backward Classes and Denotified Communities, the Scheduled Castes and the Scheduled Tribes in the seniority in a class, category or service shall also be considered: Provided also that in respect of filling up vacancies in the post of Head of Department, the number of names of qualified candidates to be considered shall be fixed as twice the number of vacancies plus three in the seniority list in a class, category or service. Explanation I.—The period of one year validity for the list of approved candidates shall be reckoned from the date of approval of the panel by the competent authority. Explanation II.—In respect of appointment to the posts, which are under the purview of the Commission, temporary list may be drawn and published as aforesaid with reference to the qualification on the date fixed for the regular lists to meet out the exigencies of service and to avoid administrative delay. Once a qualified candidate is included in the temporary list with reference to the qualification on the crucial date fixed for regular list, his rights for temporary appointment should be protected and he should not be overlooked in preference to a person, who was not included in the temporary list as he was not qualified on the crucial date, but subsequently qualified. The temporary list shall be adopted for giving temporary appointments till the regular list is approved and regular appointments are made with reference to the regular list. Explanation III.—No temporary list shall be prepared in respect of the posts for which the consultation of the Commission is not required and the list of names prepared, if any, shall be a regular one: Provided also that wherever, advancement to Higher temporary posts, under the scheme of ―Flexible complementing‖ has been provided, a panel of persons who will be completing ten years of satisfactory service during the period from 1 st June of a year to 31st May of the next year and are suitable for advancement to the next higher post, shall be kept ready every year so that the advancement may be sanctioned on completion of ten years of satisfactory service. Leave other than extraordinary leave without allowances should be taken into account while computing the ten years period. The period of ten years in the lower post will be reckoned from the date of regular appointment to that post, but will exclude the periods of reversion. The panel so prepared shall be utilised for promotion to higher posts in the regular line, except in respect of posts, for which consultation with the Commission is necessary for preparing the panel for appointment to higher posts in the regular line. Explanation.— The scheme of ―Flexible complementing‖ provides for advancement to the next higher posts, on completion of ten years of satisfactory service in the lower post. (2) Where a candidate‘s name has been included in the list of approved candidates for more than one service, the appointing authority who proposes to appoint such a candidate first shall require him to elect the service to which he wishes to be appointed. On such election, the candidate‘s name shall be removed from the list or 12 lists of approved candidates for the service or services to which he does not wish to be appointed. (3) An approved candidate for any service or for any class or category thereof who joins the Armed Forces in connection with the National Emergency before he is appointed to the service, class or category for which he has been selected or a person who while on such military duty is selected for a civil post and included in the list of approved candidates for appointment to a service or class or category thereof shall be appointed to such service, class or category on his due turn with effect from the date on which he would have been so appointed, but for his absence on military duty. With effect from the date on which he is so appointed, he shall be entitled to count the period of his military duty towards probation on his civil post. He shall be deemed to have entered the 1 [levels of pay in the pay matrix] applicable to the civil post with effect from the same date. The military duty shall count for increments to which he shall be eligible in the 2 [levels of pay in the pay matrix] in the same manner in which they would have been admissible, if he had not taken up the military duty. On discharge from military duty, he shall, within a period of six months from the date of such discharge, take up his civil post and thereafter undergo such portion of the period of probation as remains after counting the period of military duty under this sub-section. He shall also undergo such training and pass such tests as may have been prescribed in the Special Rules for the said post, within a period equal to the prescribed period of probation or such other period as may have been prescribed in the said Special Rules from the date of joining the civil post after discharge from military duty: Provided that the time limit of six months referred in this sub-section shall not apply to a person who is wounded while on military duty or as a result of such duty is otherwise rendered unfit to take up his civil post within that time. He may take up his civil post after he is declared on medical examination to be fit for duty, within a period of two years or such further period as may be granted by the appointing authority from the date of his discharge from military duty. (4) The inclusion of a candidate‘s name in any list of approved candidates for any class or category in a service shall not confer on him any claim to appointment to the class or category in that service. (5) If an approved candidate selected by the Commission for appointment by direct recruitment fails to join duty ordinarily within three months from the date of receipt of the order directing him to join duty or within an earlier date, if so specified by the appointing authority in special circumstances, he shall forfeit his right for appointment to the post and his name shall be removed from the approved list: Provided that in special circumstances, the appointing authority may extend the time limit referred to in this sub-section upto six months for valid reasons: Provided further that in exceptional circumstances, if any candidate is allowed to join duty beyond the time limit of six months, his seniority in that post shall be fixed below the junior most candidate appointed to that post in that service on the date of his joining duty. 8. Every candidate for appointment to any service, who, in response to a notification issued by the Commission, makes an application, shall remit the fee that may be prescribed by the Government, from time to time: Provided that this section shall not apply to a candidate belonging to any of the Backward Classes, 3 [omitted] whatever may be the post or service with reference to which the application is made: 1,2 Subs. by Tamil Nadu Act 34 of 2019 S.7 (w.e.f. 11.10.2017) 3 Omitted by Tamil Nadu Act 34 of 2019 S.4 (w.e.f. 1.3.2017) Application fee for recruitment. 13 Method of recruitment. Right of probationers and approved probationers to re appointment. Provided further that this section shall not apply to a candidate belonging to any of the Scheduled Castes or Scheduled Tribes whatever may be the post or service with reference to which the application is made: Provided also that this section shall not apply to candidates who have rendered war service: Provided also that this section shall not apply to the members of the Operation Subordinate Service and work-charged establishment of the Electricity Department who apply for the posts reserved for such members only: Provided also that this section shall not apply to the members of the work- charged establishment under the Electrical Engineer (General) who apply for recruitment to the posts of Supervisors (Electrical), II Grade, in the Tamil Nadu Electrical Subordinate Service: Provided also that the concession under the first proviso shall be restricted to three free chances in the case of candidates belonging to any of the Backward Classes. Explanation.— The examination for each group will be a combined one for the purpose of filling vacancies in the services included in that Group A candidate may apply to be admitted to all or any of the services in each group if he wishes to be admitted as a candidate for more than one service in the same group, he shall send only one application. But, if he wishes to be admitted as a candidate for services in more than one group, he shall send one application for each group. He will be required to pay the fees mentioned in this section one for each group and will not be required to pay separate fees for each service in a group for which he applies. If, however, he applies for more than one group, he will be required to pay separate fees for each group: Provided also that this section shall not apply to Ex-servicemen as defined in clause (j) of section 3. But, the exemption herein granted shall be restricted to two free chances: Provided also that this section shall not apply to a Differently abled candidate: Provided also that this section shall not apply to destitute widows defined in Explanation I under sub-section (8) of section 20. 9. Notwithstanding anything contained in the Special Rules for various State and Subordinate Services, where the normal method of recruitment to any service, class or category is neither solely by direct recruitment nor solely by recruitment by transfer but is both by direct recruitment and by recruitment by transfer,— (a) the proportion or order in which the special rules concerned may require vacancies to be filled by direct recruitment and by recruitment by transfer shall be applicable only to vacancies in the permanent cadre; (b) a person shall be recruited direct only against vacancy in such permanent cadre, and only if the vacancy is one which should be filled by a direct recruit under the special rules referred to in clause (a); and (c) recruitment to all other vacancies shall be made by recruitment by transfer: Provided that any temporary post, which is in existence for more than five years, shall be treated as a permanent post for the purpose of this section. 10. A vacancy in any service, class or category not being a vacancy which shall be filled by direct recruitment under the special rules referred to in clause (a) of section 9 shall not be filled by the appointment of a person who has not yet commenced his probation in such service, class or category when an approved probationer or a probationer therein is available for such appointment. 14 11. (1) Probationers, approved probationers and full members shall be discharged for want of vacancies in the order of juniority. (2) Full members, approved probationers and probationers who have been discharged for want of vacancies shall be reappointed in vacancies which arise in the order of seniority. 12. The absence of a member of a service from duty in such service, whether on leave, or on foreign service or on deputation or for any other reason and whether his lien in a post borne on the cadre of such service is suspended or not, shall not, if he is otherwise fit, render him ineligible in his turn,— (a) for re - appointment to a substantive or officiating vacancy in the class, category, grade or post in which he may be a probationer or an approved probationer; (b) for promotion to a higher category in such service; (c) for appointment to any substantive or officiating vacancy in another service for which he may be an approved candidate, as the case may be, in the same manner as if he had not been absent. He shall be entitled to all the privileges in respect of appointment, seniority, promotion and appointment as full member which he would have enjoyed, but for his absence, subject to his completing satisfactorily the period of probation on his return; (d) for appointment to any substantive or officiating vacancy in another service, if according to the provisions governing appointment to such other service— (i) he is entitled to such appointment; and (ii) the normal method of recruitment to such other service is by transfer from the service of which he is a member or any class or category thereof: Provided that a member of a service who is appointed to another service outside his regular line and is continuing in that service beyond five years shall not be considered for promotion or for appointment by recruitment by transfer to a higher post in his regular line eventhough he is otherwise qualified for such promotion or appointment, unless he returns to the former service and puts in a fresh service for a period of not less than one year in the former service. 13. A member of a service, who has been appointed to another service and is a probationer or approved probationer in the latter service, shall not be appointed to any other service for which he may be an approved candidate, unless he relinquishes his right in the latter service. 14. A member of a service, whenever selected by direct recruitment for appointment in any other service of the Government or in other State Governments, Central Government, Universities, or any other quasi-government organisations, shall hold the service right in the former service for a period not exceeding one year only from the date of relief from the former service: Provided that the persons appointed to the services of other State Governments, Central Government, Public Sector Undertakings, or Local Bodies, Corporations, Universities or any other quasi-government organisations, shall hold such service right in their former services only if the pay, leave salary and pensionary contributions for the said period of one year are paid by such other State Governments, Central Government, Public Sector Undertakings, Local Bodies, Corporations, Universities or any other quasi-government organisations or by the individual concerned. Discharge and re appointment of probationers, approved probationers and full members. Members absent from duty. Right to be a probationer or approved probationer, in two or more services. Service right in former service. 15 Age concession for appoint- ment on compassionate grounds. Employment concession for Outstanding Scouts. Temporary appointments. 15. Notwithstanding anything contained in the Special Rules for various State and Subordinate Services regarding the maximum age limit for appointment by direct recruitment, in the case of appointment on compassionate grounds, the maximum age limit shall be thirty five years of age in respect of the sons or the unmarried daughters and fifty years of age in respect of wife or husband of the Government servant, who died in harness while in service, or retired from service on medical invalidation before attaining the age of fifty three years, as the case may be. Explanation I.— For the purpose of considering the maximum age limit, the date of death of the Government servant or the date of retirement on medical invalidation before he attains the age of fifty three years, as the case may be, shall be taken into account. Explanation II.— The expression ‗sons and daughters‘ in this section shall includes a widowed daughter, divorced daughter, or a married daughter deserted by her husband and living with the family of the deceased Government servant, a legally adopted son or a legally adopted daughter, whose adoption was made during the life time of the deceased Government servant: Provided that in respect of legally adopted son, it shall be with effect on and from the 11 th March 1982; in respect of legally adopted unmarried daughter, it shall be with effect on and from the 26th October 1983; in respect of a widowed daughter or a divorced daughter, it shall be with effect on and from the 17th June 1991; and in respect of a married daughter deserted by her husband and living with the family of the deceased Government servant, it shall be with effect on and from 16th July 1993: Provided further that the widowed daughter or divorced daughter or a married daughter deserted by her husband and living with the family of the deceased Government servant shall not be eligible to avail the concession of appointment on compassionate grounds, unless they are nominated in writing by the widow or widower of the deceased Government servant. 16. Notwithstanding anything contained in this Act or in the special rules for various State and Subordinate Services, other things being equal, preference shall be given to the Outstanding Scouts for appointment to any post by direct recruitment. Explanation.— For the purpose of this section, ―Outstanding Scout‖ means a Scout who has received the award of the President of India. 17. (1) Where it is necessary in the public interest owing to an emergency which has arisen to fill immediately a vacancy in a post borne on the cadre of a service, class or category and there would be undue delay in making such appointment in accordance with the provisions of this Act and the special rules, the appointing authority may temporarily appoint a person, who possesses the qualifications prescribed for the post otherwise than in accordance with this Act and the said rules: Provided that no appointment by direct recruitment under this section shall be made of any person other than the one sponsored by the Commission from its regular or reserve list 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. 16 (3) A person appointed under sub-section (1) shall be replaced as soon as possible by a member of a service or an approved candidate qualified to hold the post under this Act, and in any case, he shall not be continued for a period of more than one year from the date of his temporary appointment. (4) Where it is necessary to appoint 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 appoint him temporarily pending enquiry into the allegations against him. (5) A person appointed under sub-sections (1), (2) or (4) shall not be regarded as a probationer in such service, class or category or be entitled by reason only of such appointment to any preferential claim to future appointment to such service, class or category. The services of a person appointed under sub-sections (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) A person appointed to any part-time post created in lieu of a whole time post borne on the cadre of a service, class or category shall not be regarded as a probationer in such service nor shall be entitled by reason only of such appointment to any preferential claim to future appointment to such service, class or category. (7) Notwithstanding anything contained in this Act, if and when a temporary post is created as addition to the cadre of any service, class or category and the holder thereof is required by the Government to possess any special qualification, knowledge or experience, any person who possesses such qualification, knowledge or experience and is considered to be best fitted to discharge the duties of such post may, irrespective of other considerations, be appointed to that post by the appointing authority, but the person so appointed shall not, by reason only of such appointment, be regarded as a probationer in such service, class or category nor shall he acquire any preferential right to future appointment to such service, class or category. 18. (1) Where the posts are outside the purview of the Commission, recruitment shall be made by calling for names of eligible candidates from the employment exchange besides inviting applications by giving advertisements in two prominent dailies (one in vernacular language): Provided that this sub-section shall not apply in the case of appointments of dependants of Government servants who die in harness or the Government servants who retire from service on medical invalidation before attaining the age of fifty three years. Recruitment to posts, which are outside the purview of the Commission. (2) The candidates to be appointed shall be selected on the basis of merit by the appointing authority or by an officer designated by the appointing authority or by a Committee of Officers not exceeding three duly constituted by the appointing authority, subject to the rule of reservation of posts wherever applicable after subjecting the candidates to an oral interview and, if necessary, a short written test which can be evaluated in a short time. 19. (1) When in the opinion of the Government, special provisions inconsistent with any of the provisions of this Act or of any other rules made under the proviso to Article 309 of the Constitution or continuing by Article 313 of that Constitution (hereinafter referred to in this section as the said rules) are required in respect of conditions of service, pay and allowances, pension, discipline and conduct with reference to any particular post, or any of them, it shall be open to the Government to make an appointment to such post otherwise than in accordance with this Act or the said rules and to provide by agreement with the person so appointed for any of Appointment by agreement. 17 Qualifications. 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 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) 1 [General Tamil or General English] 2 [45] 2) General knowledge 3 [45] 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: 1 Subs. by Tamil Nadu Act 16 of 2022 S.2 (w.e.f. 15.09.2016) 2, 3 Subs. by Tamil Nadu Act 16 of 2022 S.2 (w.e.f. 02.03.2017) 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: 1[Omitted] (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 1. Omitted by Tamil Nadu Act 34 of 2019 S.5 (w.e.f. 27.12.2016) 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. 21. (1) No person shall be eligible for appointment to any service by direct 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 9 th 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. 1[21-A. Compulsory Tamil language paper for recruitment.- (1) Notwithstanding anything contained in section 21, on and from the 1 st day of December 2021, any person who applies for recruitment to any post in any service by direct recruitment shall pass the Tamil language paper in the examination conducted for the recruitment with not less than forty percent marks. (2) The syllabus and content for the Tamil language paper shall be as may be ordered by the Government from time to time]. 1. Amended by Tamil Nadu Act 5 of 2023 S.2 (w.e.f. 01.12.2021) Linguistic qualification. 21 Language test. Special provisions relating to certain degrees. Exemption from special qualification to be acquired or special test to be passed during probation. 22. (1) A language test of the standard for VIII Standard, shall be conducted by 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 Syllabus (1) Maximum marks (2) Minimum marks for a pass (3) Aggre gate marks for a pass (4) Duration of test. (5) Part I – Dictation of half a page typed matter 60 24 10 minutes Part II–Reading 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 in column (1) of the Table below as a special qualification for appointment to any post included therein, a person who holds the degree specified in the corresponding entry in column (2) thereof, shall, except where a contrary intention appears from 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 M.A. or M.Sc. degree. B.Com. (Hons) or M.Com. 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 acquired any special qualification or passed any special test prescribed by the special rules, or has acquired such other qualification as may be considered 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, he shall not be required to acquire such special qualification or to pass such special test again after the commencement of his probation. 22 25. 1 [(1)] No person shall be eligible for appointment to any service, class, category 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) 2 [possesses such other qualifications as have been declared to be higher than or equivalent to the said special qualifications or special tests by the Government in consultation with the Equivalence Committee.] (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. 3 [(2) (a) The Equivalence Committee shall be consist of— (i) The Secretary to Government, in- charge of Higher Education Department. - Chairman. (ii) The Secretary to Government, in-charge of Personnel and Administrative Reforms Department. - Member. (iii) The Secretary to Government, in-charge of School Education Department. - Member. (iv) The Vice – Chairman, Tamil Nadu State Council for Higher Education. - Member. (v) The Vice-Chancellor, University of Chennai. - Member. (vi) The Vice-Chancellor, Anna University. - Member. (vii) The Vice-Chancellor, Annamalai University. - Member. (viii) The Director of Technical Education. - Member. (ix) The Director of Collegiate Education. - Member. (x) The Member-Secretary, Tamil Nadu State Council for Higher Education. - Member. (b) The Chairman of the Equivalence Committee may request the Chairman or Secretary, Tamil Nadu Public Service Commission, the Chairman or Member Secretary of the Tamil Nadu Teachers Recruitment Board or any other official to attend any meeting of the Committee as a special invitee, if considered necessary.] 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. 1. Amended by Tamil Nadu Act 16 of 2022 S.3 (w.e.f. 30.05.2019) 2. Subs. by Tamil Nadu Act 16 of 2022 S.3 (w.e.f. 30.05.2019) 3. Ins. by Tamil Nadu Act 16 of 2022 S.3 (w.e.f 30.05.2019) Special qualifications. 23 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. 26. (1) Women alone shall be appointed to a post in any institution or 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: 1[Provided that in the case of direct recruitment to the posts with the pay which does not exceed level 10 in the pay matrix] 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 1 Subs. by Tamil Nadu Act 34 of 2019 S.6 (w.e.f. 11.10.2017) Appointment of women. 24 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. 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. 1 [(b) Out of the total number of appointments referred to in clause (a), in the case of appointment made by direct recruitment, one per cent each shall be reserved for persons with benchmark disabilities under categories (i), (ii) and (iii) and one per cent for persons with benchmark disabilities under categories (iv) and (v) both taken together, namely:- (i) blindness and low vision; (ii) deaf and hard of hearing; (iii) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy; Reservation of appointments. 1. subs. by Tamil Nadu Act 30 of 2017, s.3 (w.e.f. 19-04-2017) 25 (iv) autism, intellectual disability, specific learning disability and mental illness; (v) multiple disabilities from amongst persons under categories (i) to (iv) including deaf -blindness in the posts identified for each disabilities; and the appointment shall be made in the turn and in the order of rotation specified in Schedule–VI; (bb) Reservation for persons with benchmark disabilities shall be made in respect of posts identified by the Government in each department, under section 33 of the Rights of Persons with Disabilities Act, 2016 (Central Act 49 of 2016); (bbb) Where in any recruitment year any vacancy cannot be filled up due to non-availability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the five categories and only when there is no person with disability available for the post in that year, such vacancy shall be filled up by appointment of a person, other than a person with disability: Provided that if the nature of vacancies in a department is such that a given category of person cannot be employed, the vacancies may be interchanged among the five categories with the prior approval of the Government.] (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 basis of merit and where a candidate belonging to a Scheduled Caste, Scheduled Tribe, Backward Class (Other than Most Backward Class/Denotified Community) Backward Class Muslims or Most Backward Class/Denotified Community is selected on the basis of merit, the number of posts reserved for the Scheduled Castes, the Scheduled Tribes, the Backward Classes (other than Most Backward Classes/ Denotified Communities), Backward Class Muslims or the Most Backward Classes/ Denotified Communities, as the case may be, shall not in any way be affected. (e) Selection for appointment under this section shall be made in the order of rotation specified in Schedule-V. 26 Explanation.—The vacancies arising on and from the 29 th April 2009 shall be filled up as per Schedule-V and all selections for appointment shall be started afresh from serial number one in the said Schedule-V with effect on and from the said date. (f) If qualified and suitable candidates belonging to any of the Backward Classes, Backward Class Muslims including the Most Backward Classes and Denotified Communities are not available for selection for appointment by recruitment by transfer or by promotion in the turns allotted to them, the turns so allotted shall lapse and the selection for appointment for the vacancies shall be made by the next turn in the order of rotation: Provided that if qualified and suitable candidates belonging to any of the Scheduled Castes and Scheduled Tribes are not available for selection for appointment by recruitment by transfer or by promotion in the turns allotted to them in the cycle, the turns so allotted to them shall not lapse and the number of candidates to be selected in that recruitment shall be reduced by the number of candidates belonging to Scheduled Castes and Scheduled Tribes not available for selection against the turn allotted to them. The unfilled vacancies reserved for the Scheduled Castes and Scheduled Tribes to be filled by recruitment by transfer or by promotion shall be carried over to four consecutive recruitment years, namely, year of recruitment plus three subsequent recruitment years. The selection for appointment to the vacancies in the next recruitment shall be made first for the carried over turns and then the normal rotation shall be followed. If qualified and suitable candidates belonging to any of the Scheduled Castes and Scheduled Tribes are not available for selection for appointment by recruitment by transfer or by promotion even thereafter, the vacancies reserved for those categories shall first be dereserved by obtaining the orders of the Government before filling them by candidates in the next turn in the order of rotation: Provided further that the normal number of vacancies reserved for the candidates belonging to the Scheduled Castes and Scheduled Tribes and the carried forward vacancies as specified in the first proviso shall not exceed fifty per cent of the total number of vacancies for a particular recruitment. If there be two vacancies only, one of them shall be treated as a reserved vacancy. If there be one vacancy only, it shall be treated as unreserved. The surplus of the fifty per cent shall be carried forward to the subsequent recruitment, subject to the condition that the vacancies carried forward do not become time barred due to their continued existence for more than three years. Selection for appointment to the earliest carried forward vacancies shall be made first: Provided also that in the case of selection for appointment by direct recruitment, with effect on and from the 1 st April 1989, there shall be a ban on dereservation of vacancies reserved for the candidates belonging to any of the Scheduled Castes and Scheduled Tribes, Most Backward Classes and Denotified Communities to be appointed by direct recruitment. But, the above ban on dereservation of vacancies shall not be applicable to the vacancies reserved for the Backward Classes (other than Most Backward Classes and Denotified Communities), Backward Class Muslims and, therefore, if qualified and suitable candidates belonging 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 27 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: 28 Date of commencement of probation of persons first appointed temporarily. Service in a different service counting for probation. Provided that reservation for Women, Differently abled person and Ex- servicemen shall not apply to the said recruitment. 28. (1) If a person appointed temporarily either under sub section (1) or sub- section (2) of section 17 to fill a vacancy in any service, class or category otherwise than in accordance with the provisions governing the appointment thereto, such vacancy being a vacancy which may be filled by direct recruitment, is subsequently appointed to the service, class or category, he shall commence his probation, if any, in such category either from the date of his first temporary appointment or from such subsequent date, as the appointing authority may determine. If the post is one to which appointment may be made by transfer, and the person who had been appointed thereto either under sub-section (1) or sub-section (4) of section 17 is subsequently recruited thereto by transfer and included in the list of approved candidates, the appointing authority may, in his discretion, allow such person to commence his probation, if any, from the date of his first temporary appointment or from such subsequent date, as the appointing authority may determine: Provided that the date so determined by the appointing authority to commence probation in this section, shall not be earlier than the date of commencement of probation of the junior most person already in service: Provided further that on the date so determined by the appointing authority to commence probation in this section, the person shall not only possess all the qualifications prescribed for appointment to the service, but also be fit for inclusion in the list of approved candidates drawn up by the Commission or the appointing authority, as the case may be. (2) A person who commences probation under sub-section (1) shall also be eligible to draw increments in the 1 [ levels of pay in the pay matrix] applicable to him from the date of commencement of his probation. Where commencement of probation is ordered from a date earlier than the date of the order and if this had not been enabled by relaxation of any rule, he shall draw increments, including arrears, in the 2 [ levels of pay in the pay matrix] applicable to him from such earlier date. The appointing authority shall include a provision to this effect while issuing orders in all such cases. 29. (1) A probationer in a service or a class or category of service shall be eligible to count for probation, his service, if any, performed otherwise than in a substantive capacity on regular appointment to another service in accordance with the rules if the normal method of recruitment to the latter service is, according to the rules, by transfer from the former service or the class or category thereof, as the case may be. (2) A probationer in any category of a service or class of a service shall be eligible to count for probation, his service, if any, performed otherwise than in substantive capacity on regular appointment to a higher category of the same service or class of service, as the case may be: Provided that nothing contained in this sub-section shall be construed as authorising the promotion of a probationer in a category to a higher category in contravention of section 41. (3) A probationer in one service who is appointed temporarily to another service, under sub-section (1) or sub-section (4) of section 17 shall be entitled to count towards his probation in the former service the period of duty performed by him in the latter service during which he would have held a post in the former service but for such temporary appointment. (4) A probationer in any category of a service who is promoted temporarily under the provisions of section 47 to a higher category in the same service shall be entitled to count towards his probation, if any, in the former category the period 1,2 Subs. by Tamil Nadu Act 34 of 2019 S.7 (w.e.f. 11.10.2017) 29 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 1 [ levels of pay in the pay matrix] 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. 30. A probationer shall be eligible for sanction of increments on normal dates irrespective of declaration of satisfactory completion of probation, subject to the provisions in section 33 so far as it relates to extension of probation on the grounds 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. 31. (1) Where the special rules of any service prescribe a period of probation for 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 1. Subs. by Tamil Nadu Act 34 of 2019 S.7 (w.e.f. 11.10.2017) Completion of probation and drawal of arrears of increment. Termination or extension of probation. 30 Probationer‘s suitability for full membership. 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 may be, the appointing authority shall consider the probationer‘s suitability for full membership of the service, class or category for which he was selected. (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 propos