Section 8 in Haryana Electricity Reform (Transfer of Distribution Undertakings from Haryana Vidyut Prasaran Nigam Ltd. to Distribution Companies) Rules, 1999
8. Conditions applicable to the transfer of Personnel [Sections 24 and 55]. - (1) All Personnel shall be transferred on "as is where is basis", unless specified otherwise, to the Discom concerned or shall be retained by HVPN, as provided in the Transfer Scheme without any further act or thing to be done by the State Government, HVPN, the Discom concerned or Personnel, as the case may be. The expression 'transferred on as is where is basis' shall mean that the Personnel so transferred shall serve in the post and/or place where they are posted on the Effective Date and accordingly, will become employees of the concerned Transferee and shall discharge the same duties that they were discharging at the same place till further instructions from such Transferee in terms of the Transfer Scheme.
(2)Upon such transfer, on and from the Effective Date, the Personnel shall cease to be employees of HVPN and they shall not assert or claim any benefit of service under HVPN, the Board or the State Government, as the case may be, except as provided in the Act, the rules and/or the Transfer Scheme.(3)Currently, there are several Personnel who have been deputed to other organisations such as Bhakra Beas Management Board (hereinafter referred to as "Deputees"). The Deputees shall be dealt with in the manner specified below -(a)On the Effective Date, the Deputees shall be deemed to be a constituent of the HVPN undertaking and shall accordingly, be employees of HVPN.(b)No later than 45 days from the Effective Date, the Committee, as defined in clause 9 below, shall determine the parent cadres of each of the Deputees, as one of HPGC, HVPN or one of the Discoms.(c)Upon determination of the parent cadres by the Committee as aforesaid, the Committee shall notify each of the Deputes of their decision and upon such notification, the Deputees shall stand allocated to either HPGC, HVPN or one of the Discoms in terms of the decision of the Committee. Thereafter, as and when the Deputees are reverted to their parent cadres, they shall return to and be retained by HVPN, or the Discoms, as the case may be, in accordance with the decision of the Committee.(d)In the event the Deputees or any of them are reverted to their parent cadres at any time before the notification of the decision of the Committee as aforesaid, the concerned Deputee(s) shall revert, in the first instance, to HVPN. Upon the notification of the decision of the Committee as aforesaid, the Deputee(s) shall stand allocated and shall be retained in HVPN or transferred to HPGC or one of the Discoms, as the case may be, in terms of the decision of the Committee.(4)The action(s) that may be taken by HVPN and/or the State Government under the Transfer Scheme and/or the rules shall not affect any proceedings pending in the courts and/or tribunals as on the Effective Date.(5)The transfer of Personnel shall be subject to the following conditions :-(a)The terms and conditions of service applicable to the Personnel on the Effective Date, including the pay, the pattern of dearness allowance, additional dearness allowance, interim relief, city compensatory allowance, house rent allowance, shift duty allowance, hardship allowance, medical facility, medical allowance, all other allowances on the projects, field offices and head office, leave of all kinds (including casual leave), pension and death-cum-retirement benefit, gratuity and leave encashment of every nature, shall not, in any way, be less favourable to them than those applicable to them immediately before the Effective Date.(b)The Period of the services of the Personnel under the Board, HPGC, HVPN and the Discom concerned as may be applicable, shall be treated as continuous for the purposes of all service benefits.(c)All benefits of the services of the Personnel accrued for the period prior to the Effective Date for services rendered in the Board, HPGC, HVPN as may be applicable, shall be recognised and taken into account while fixing the conditions of service under the Transferee.(6)Subject to the provisions of the Act and the Transfer Scheme :(i)A Transferee may frame regulations governing the conditions of service of Personnel in its service, which may include provisions to improve productivity, operational efficiency, safety, economic use of resources, technology and work processes;(ii)Till the finalization of service rules and regulations by the Transferee, the service rules and regulations applicable to the Personnel immediately before the Effective Date shall be applicable to the Personnel as if the same have been framed by the Transferee.(7)All Proceedings including - (i) disciplinary proceedings pending against the Personnel prior to the Effective Date and/or (ii) causes of action upon which Proceedings may be initiated against the Personnel for misconduct, lapses or other acts of commission or omission committed before the Effective Date, shall not lapse and shall be proceeded with and decided by HVPN or the Transferee Discom concerned to whose services the Personnel are transferred, consistent with the applicable services rules and regulations :Provided that cases in respect of dismissal and/or discharge of employees which are pending before any authority shall continue to be handled by HVPN for a period of upto twelve months from the Effective Date and thereafter, the concerned Transferee Discom to whose services the concerned employees are transferred or would have been transferred in terms of the Transfer Scheme, will take over the responsibility for handling the same. The concerned Transferee(s) shall be solely liable for complying with any orders that may be passed in such cases, including making any payments to such employees as may be specified in such order. It is clarified that HVPN shall continue to be responsible for handling cases and complying with orders that may be passed therein, in respect of employees not transferred to Discoms in terms of the Transfer Scheme.(8)HVPN's and Transferee's role with respect to employment related Liabilities of the Personnel shall be as under :-(a)Except as may be specifically provided to the contrary herein, HVPN shall remain liable for all payments and other obligations in respect of all Personnel related Liabilities, whether statutory or under the terms and conditions of service and/or service rules and regulations applicable to the Personnel, including but not limited to provident fund (including contributions of the Personnel and/or where applicable, any employer contribution), pension and other superannuation and/or terminal benefits, accrued for and/or attributable to the entire period of service of the Personnel with HVPN and/or the Board prior to the Effective Date.(b)The Transferee shall be liable for payments and other obligations in respect of pension and other superannuation and/or terminal benefits, accrued for and/or attributable to the entire period of service of the Personnel with the Transferee commencing from the Effective Date. The Transferee shall deposit in an appropriate provident fund the provident fund contributions of the Personnel for the period commencing from the Effective Date.(c)All accumulations in the respective funds including the provident fund, gratuity and superannuation fund, including all interest and other accruals with respect to the Personnel transferred to the services of the Transferee in respect of the period of service upon the Effective Date, shall be retained or deposited by HVPN in appropriate funds.(d)All obligations in respect of payment of pension and other retirement benefits including provident fund, leave encashment, commutation of pension, medical facilities, superannuation and gratuity to the personnel who have retired from the services of HVPN and/or the Board on or prior to the Effective Date, shall be discharged by HVPN and neither Transferee shall have any obligation with respect to such retired personnel.(9)Subject to the provisions of the Act and the Transfer Scheme, upon transfer of the Distribution Undertakings :(a)The Personnel shall be employees of the relevant Transferee Discom in terms of the Transfer Scheme and shall be entitled to all the service benefits of such Transferee, from the Effective Date; and(b)The status of employment of the Personnel prior to the Effective Date, namely whether permanent, temporary, ad-hoc, contractual or otherwise, shall continue and the Personnel shall not be entitled to claim any change in status by reason of the transfer in terms of the Transfer Scheme.(10)The Personnel transferred to a Discom in terms of the Transfer Scheme, shall be deemed to have entered into an agreement with the concerned Transferee Discom to repay the loans, advances and other sums due or otherwise perform the obligations undertaken by him/her to HVPN which remain outstanding against him/her on the Effective Date, as per the original terms and conditions.
