No more suspension on last day of employment, TN govt amends rules

CHENNAI: The State government has amended the Fundamental Rules and the Tamil Nadu Leave Rules to address a long-pending demand of government employees and teachers against suspending on the last day of employment over pending disciplinary proceedings.

According to a Government Order issued by C Samayamoorthy, Secretary, Human Resources Management Department, on Friday, the changes are intended to ensure that suspension orders and disciplinary proceedings are dealt with uniformly, particularly at the time of superannuation (retirement).

The amendment modifies Rule 56 (1) (c) of the Fundamental Rules, which earlier prevented government servants under suspension, or those facing serious charges of misconduct, from retiring. Under the revised provisions, such employees will now be deemed to have retired on their due date of superannuation. However, pending disciplinary or judicial proceedings will continue under the Tamil Nadu Pension Rules, 1978.

The order also empowers the competent authority to withhold government contributions to the pension account of employees appointed on or after April 1, 2003, if found guilty of grave misconduct or negligence that caused financial loss to the government. Final orders in such cases will be issued only after consultation with the Tamil Nadu Public Service Commission, it said.

Additionally, the government has amended Rule 53, Rule 86 of the Fundamental Rules, and Rule 7 of the Tamil Nadu Leave Rules, 1933, to ensure consistency across service regulations. Provisions regarding the encashment of earned leave and leave for private affairs during suspension have also been revised, with payments to be disbursed only after the conclusion of inquiries.

The order follows an announcement made by Chief Minister MK Stalin in the Legislative Assembly in September 2021, assuring service associations that their concerns on retirement and disciplinary proceedings would be addressed.