THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

(3) An officer in respect of whom the penalty referred to was imposed, will onrepromotion, count previous service in the higher grade under Fundamental Rule 22 unlessthe order of punishment or the order passed on appeal directs otherwise; and(4) An order debarring an officer from counting his past service in the grade from whichhe is reduced, if and when reappointed to it, amounts to an order of reduction to a stage ofthat grade lower than that admissible under Fundamental Rule 22; and does not therefore, falloutside the scope of rule 8 (iv) of the Tamil Nadu Civil Services (Classification, Control andAppeal) Rules.(Government of India, Home Department, letter No.9/41-Ests., dated 18th March 1941.)Retrospective promotions and reversions under the Statutory Service Rules.4. Promotions made otherwise than in accordance with the provisions of the statutoryservice rules are illegal. Such promotions, if already made, should be set aside and thepersons promoted should be reverted with effect from the dates on which they had beenpromoted and the excess pay drawn by them should be recovered (unless the amount iswaived by Government). Government do not, however, consider that the consequentialvacancies should be filled with retrospective effect from the dates of reversion of those whohad been promoted otherwise than in accordance with rules. They have, therefore, decidedthat these vacancies should be filled only from the dates on which the promotions are actuallymade.(G.O. Press, No. 847, dated 27th May 1935.)5. If an approved probationer in a higher category is confirmed therein with retrospectiveeffect under Rule 31 (a) of the General Rules of Subordinate Services, he becomes entitled tothe pay of the post in the higher category with effect from the date of confirmation, eventhough officiating allowance was not admissible from his original substantive post in the lowercategory to the post in the higher category.6. Deleted.[Memo. No. 40474-38-3, Public (Services), dated 18th January 1938.]7. When any promotion has to be cancelled and a revised promotion made the revisedpromotion shall not, so far as pay is concerned, be ordered to take effect from a date earlierthan the date on which it is ordered.[G.O. No. 1127, Public (Services), dated 7th June 1940.]8. The duties performed by an Office Assistant when enrolled in any branch of the DefenceServices, may be considered similar to those of an Office Assistant in the Group D service andsuch an Office Assistant should be allowed to count towards his probation in the Group Dservice any period spent on duty in the Defence Services.[G.O. Ms. No. 992, Revenue, dated 11th April 1942, and Endorsement No. 74 (O)/42-1, Public(Services), dated 9th May 1942.]9. A case occurred in which an officer who was appointed temporarily to a post in 1934under the emergency provision and later appointed regularly in about 1939 petitioned theGovernment in 1944 (i.e., 10 years later) for the regularisation of his temporary appointmentunder rule 23 (a) of the General Rules for the State and Subordinate Services. It has beendecided that a convention be established that appointing authorities should refuse to reopensuch questions unless the person aggrieved complaints within three years of his becomingaware of the facts.[Memorandum No. 17344/44-2, Public (Services), dated 3rd June 1944.]10. Rule 10 (b) of the Tamil Nadu State and Subordinate Service Rule.—The fact that theGeneral Rule 10 (b) does not specifically take any reference to “special pay” indicates that itcontemplates no restriction in regard to admissibility of special pay to persons appointedunder the emergency provisions.[Memorandum No. 2064/48-2, Public (Services), dated 5th July 1948.]268