THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

Note 14.—The Director of Co-operative Audit shall issue the certificate of officiation in respect ofAssistant Director of Co-operative Audit and Co-operative Audit Officers.[G.O. Ms. No. 344, Personnel and Administrative Reforms (FR.IV) Department, dated 11-11-1995 -with effect from the 2nd September 1993.](e) Joining time counts for increment—(i) If it is under clause (a) or clause (c) of rule 105, in the time-scale applicable to the post onwhich a Government servant holds a lien or would hold a lien had his lien not been suspended as wellas in the time-scale applicable, to the post, the pay of which is received by a Government servantduring the period; and(ii) If it is under clause (b) of rule 105, in the time scale applicable to the post or posts onwhich the last day of leave before the commencement of the joining time counts for increment.RULINGS.Rulings under Rule 26(a)—Increment admissible to a probationer.(1) Except where the terms of probation or any general or special orders of Government relating toa class or service provide otherwise, if a probationer is confirmed at the end of a period of probationexceeding twelve months, he is entitled to claim retrospectively the increments which, but for hisprobation, he would have received in the ordinary course.(Finance Memorandum No.109227-FR 59-2, dated 27th November 1959.)(2) In cases where the passing of an examination or test confers on a Government servant the titleto any right, benefit or concession, such title should be deemed to have accrued on the day followingthe last day of the examination or test which he passed. In cases where the examination or test canbe passed in installments, the title to the right, benefit or concession will be deemed to have accruedon the day following the last day of the examination in the subject or subjects in which he has passed.[G.O. No. 1446, Public (Services), dated 1st May 1934.]The above does not apply to District and Sessions Judges recruited direct from the Bar onprobation. Increments may be allowed to such officers in accordance with rules (c) and (d) of therules regulating the pay of officers promoted from a State Service to hold Indian Civil Service posts orotherwise appointed to hold such posts.[Government of India letter No.F.129/34, Home (Ests.), dated 29th March 1935.]Note.—The right conferred by passing the examination is the right to draw an increment from theday following the last day of the examination provided that the person concerned is otherwise eligiblefor the increment.Counting for increment in Civil Posts, The War Service rendered by Temporary CivilGovernment Servants.(3) (i) The period spent in “War Service” as defined below by a temporary Government servantwho is permitted by the appropriate civil authority to undertake such service shall, in the event of thereturn with approved “War Service” to a civil post, and subject to the condition that the appointingauthority certifies that he would, but for his transfer to “War Service” have continued throughout in civilemploy either in the same or another post, be taken into consideration for the purpose of fixation ofhis pay in the applicable time-scale on his return from “War Service” to such post, whether in asubstantive capacity or otherwise.(ii) In order that the concession allowed in clause (i) above may, in cases where the personreturns to his former post, be admissible under rule 26, all cases of transfer with permission to “WarService” during the present war should be treated as transfers to “higher posts” for the purpose ofclause (c) of that rule.(iii) In cases not covered by Rule 26, e.g., the case of a person who on return from “WarService” is re-employed in a civil post other than the one he held previously, permanent or temporary,the concession allowed in clause (i) above may, where equitable, be given under rule 27 on the meritsof each case, after account is taken of the stage which he would have reached in the time-scale of thepost in which he would have continued but for his transfer to War Service.48