THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

(2) Every order passed by a competent authority imposing on a Government servant the penalty ofreduction to a lower service, grade or post or to a lower stage in his time-scale should indicate—(i) the date from which it will take effect and the period (in terms of years and months) for whichthe penalty shall be operative. It should be noted that the reduction to a lower service, grade or postor to a lower stage in his time-scale is also not permissible under the rules either for an unspecifiedperiod or as a permanent measure. It should only be for a specified period.(ii) the extent (in terms of years and months) if any, to which the period referred to in subclause(i) above shall operate to postpone future increments on restoration, after the specified period.The period specified under this sub-clause shall in no case exceed the period specified under subclause (i) above.(3) In the case of penalties of reduction to a lower service, grade or post or to a lower stage in histime-scale for a specified period, the Government servant shall be automatically restored to his oldpost after the expiry of the specified period and the question as to what should be his pay on suchrestoration shall be decided as indicated in clause (b) of Ruling (1).[G.O. Ms. No. 493, Personnel and Administrative Reforms (F.R. III) Department, dated 25th May1982.](With effect from 19th May 1979.)(4) In all cases of reduction to a lower stage in the time scale with cumulative effect, the period ofreduction reckoned should be inclusive of intervals spent on leave.[G.O. Ms. No. 418, Finance (F.R.I), dated 26th March 1974.]29-A. Where an order of penalty of withholding of increment of a Government servant or hisreduction to a lower service, grade or post or to a lower time-scale, or to a lower stage in atime-scale is set aside or modified by a competent authority on appeal or review, the pay of theGovernment servant shall, notwithstanding anything contained in these rules, be regulated inthe following manner:-(a) If the said order is set aside, he shall be given for the period such order has been inforce, the difference between the pay to which he would have been entitled had that order notbeen made and the pay he had actually drawn.(b) If the said order is modified, the pay shall be regulated as if the order as so modifiedhad been made in the first instance.Explanation.—If the pay drawn by a Government servant in respect of any period prior tothe issue of the orders of the competent authority under this rule is revised, the leave salaryand allowances (other than traveling allowance), if any, admissible to him during that periodshall be revised on the basis of the revised pay.INSTRUCTION UNDER RULE 29-AA permanent post vacated by reduction of a Government servant to a lower service, grade or postor to a lower time-scale should not be filled substantively until the expiry of a period of one year fromthe date of such reduction.Where, on the expiry of the period of one year the permanent post is filled and the originalincumbent of the post is reinstated thereafter, he should be accommodated against any post whichmay be substantively vacant in the grade to which his previous substantive post belonged.If there is no such vacant post, he should be accommodated against a supernumerary post whichshould be created in this grade with proper sanction and with the stipulation that it would beterminated on the occurrence of the first substantive vacancy in that grade.(G.O .Ms. No. 629, Finance, dated 8th June 1962.)RULINGS.(1) In cases falling under sub-rule (a) of Rule 29-A, service rendered by the Government servant inthe lower service, grade or post or lower time-scale or lower stage in the time-scale or at the stage theincrement was withheld from the date of imposition of such penalty, by the disciplinary authority to thedate on which the order of penalty is set aside by the competent appellate or reviewing authority, shallcount for increment or for other purposes in the post which he was holding immediately before the62