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TN State and Subordinate service rules

(Querist) 13 January 2011 This query is : Resolved 
an employee did not past in departmental test when he was appointed in compassionate ground of appointment.whether the employee was dismissed from service is valid or not ?

Answer is not. How?
Advocate. Arunagiri (Expert) 13 January 2011
Compassionate grounds appointments are treated at par with regular employment. Only the entry door is different.

On what grounds he was dismissed, then only we can say the dismissal is right or not.
pandimaharaja (Querist) 13 January 2011
he was dismissed as he did not pass in departmental exam within time fixed under section 26 (b)(i) of Tamil state and subordinate service rules
Advocate. Arunagiri (Expert) 13 January 2011
Is that departmental exam is for promotion or confirmation or a condition for further continuation of employment?

Please give the terms of the appointment, which contains the departmental exam.
Gulshan Tanwar (Expert) 13 January 2011
Ajay Bansal (Expert) 14 January 2011
The dismissal is correct.
Kirti Kar Tripathi (Expert) 14 January 2011
No Dismissal of employees appointed on Compassionate grounds on the ground of not passing the Exam is illegal. As Compassionate grounds appointments are exception of regular appointments and are made under the scheme formulated by the Government to assist the family of the deceased employee to cope with the financial stringency arisen due to death of earning member of the family. It is a benefit available to the deceased employee under his services conditions.


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