(1) Probationers, approved probationers and full members shall be discharged for want of vacancies in the order of juniority.
(2) Full members, approved probationers and probationers who have been discharged for want of vacancies shall be reappointed in vacancies which arise in the order of seniority.
12. The absence of a member of a service from duty in such service, whether on leave, or on foreign service or on deputation or for any other reason and whether his lien in a post borne on the cadre of such service is suspended or not, shall not, if he is otherwise fit, render him ineligible in his turn,—
(a) for re - appointment to a substantive or officiating vacancy in the class, category, grade or post in which he may be a probationer or an approved probationer;
(b) for promotion to a higher category in such service;
(c) for appointment to any substantive or officiating vacancy in another service for which he may be an approved candidate, as the case may be, in the same manner as if he had not been absent. He shall be entitled to all the privileges in respect of appointment, seniority, promotion and appointment as full member which he would have enjoyed, but for his absence, subject to his completing satisfactorily the period of probation on his return;
(d) for appointment to any substantive or officiating vacancy in another service, if according to the provisions governing appointment to such other service—
(i) he is entitled to such appointment; and
(ii) the normal method of recruitment to such other service is by transfer from the service of which he is a member or any class or category thereof:
Provided that a member of a service who is appointed to another service outside his regular line and is continuing in that service beyond five years shall not be considered for promotion or for appointment by recruitment by transfer to a higher post in his regular line eventhough he is otherwise qualified for such promotion or appointment, unless he returns to the former service and puts in a fresh service for a period of not less than one year in the former service.
13. A member of a service, who has been appointed to another service and is a probationer or approved probationer in the latter service, shall not be appointed to any other service for which he may be an approved candidate, unless he relinquishes his right in the latter service.
14. A member of a service, whenever selected by direct recruitment for appointment in any other service of the Government or in other State Governments, Central Government, Universities, or any other quasi-government organisations, shall hold the service right in the former service for a period not exceeding one year only from the date of relief from the former service:
Provided that the persons appointed to the services of other State Governments, Central Government, Public Sector Undertakings, or Local Bodies, Corporations, Universities or any other quasi-government organisations, shall hold such service right in their former services only if the pay, leave salary and pensionary contributions for the said period of one year are paid by such other State Governments, Central Government, Public Sector Undertakings, Local Bodies, Corporations, Universities or any other quasi-government organisations or by the individual concerned.
Discharge and re appointment of probationers, approved probationers and full members.
Members absent from duty.
Right to be a probationer or approved probationer, in two or more services.
Service right in former service.
15 Age concession for appointment on compassionate grounds.
Employment concession for Outstanding Scouts.
Temporary appointments.
15. Notwithstanding anything contained in the Special Rules for various State and Subordinate Services regarding the maximum age limit for appointment by direct recruitment, in the case of appointment on compassionate grounds, the maximum age limit shall be thirty five years of age in respect of the sons or the unmarried daughters and fifty years of age in respect of wife or husband of the Government servant, who died in harness while in service, or retired from service on medical invalidation before attaining the age of fifty three years, as the case may be.
Explanation I.— For the purpose of considering the maximum age limit, the date of death of the Government servant or the date of retirement on medical invalidation before he attains the age of fifty three years, as the case may be, shall be taken into account.
Explanation II.— The expression ‗sons and daughters‘ in this section shall includes a widowed daughter, divorced daughter, or a married daughter deserted by her husband and living with the family of the deceased Government servant, a legally adopted son or a legally adopted daughter, whose adoption was made during the life time of the deceased Government servant:
Provided that in respect of legally adopted son, it shall be with effect on and from the 11 th March 1982; in respect of legally adopted unmarried daughter, it shall be with effect on and from the 26th October 1983; in respect of a widowed daughter or a divorced daughter, it shall be with effect on and from the 17th June 1991; and in respect of a married daughter deserted by her husband and living with the family of the deceased Government servant, it shall be with effect on and from 16th July 1993:
Provided further that the widowed daughter or divorced daughter or a married daughter deserted by her husband and living with the family of the deceased Government servant shall not be eligible to avail the concession of appointment on compassionate grounds, unless they are nominated in writing by the widow or widower of the deceased Government servant.
16. Notwithstanding anything contained in this Act or in the special rules for various State and Subordinate Services, other things being equal, preference shall be given to the Outstanding Scouts for appointment to any post by direct recruitment.
Explanation.— For the purpose of this section, ―Outstanding Scout‖ means a Scout who has received the award of the President of India.