Section 39 in The Jharkhand State Agricultural University Act, 2000
39. Provisions regarding employees of the University.
(1)(a)All permanent employees of colleges, Research Institutes and other offices and institutions of the Department of Agriculture, Animal Husbandry, Dairy, Fisheries and Forest of the State Government whose services have been transferred by the State Government to a University or such other permanent employees whose services are transferred by the State Government to a University will be deemed to be transferred employees of the Government. These employees shall retain their lien on the permanent posts that they held in Government service on a substantive basis and their service conditions will be subject to the provisions of the [Jharkhand] [Substituted for 'Bihar' [Bihar Service Code having been adapted by Government of Jharkhand vide Notification No. 191 dated 19.10.2001 (Jharkhand Gazette, Extraordinary dated 22.10.2001).] Service Code and other Government Rules, Regulations and Orders in force or that may be framed or issued by the State Government from time to time.(b)All such Government employees of any College, Research Institute or any other Institution of the Agriculture, Animal Husbandry and Forest Department who did not on the eve of transfer to the University held any permanent post on a substantive basis under Government or such other temporary employees whose services are transferred to a University by the State Government from time to time, shall be deemed to have been appointed by a University and they shall cease to be Government servant provided that-(i)they shall give a written notice to the State Government within two;-years from the date of publication of the statutes of a University in the [Jharkhand] [Substituted for 'Bihar' [Bihar Service Code having been adapted by Government of Jharkhand vide Notification No. 191 dated 19.10.2001 (Jharkhand Gazette, Extraordinary dated 22.10.2001).] Gazette that they may be permitted to revert to the Government service and thereupon they shall be permitted to revert to the service of Government to the extent of suitable vacancies available failing which their services may be liable to be dispensed with;(ii)the services rendered by them in the regular establishment under the State Government shall be taken into account in calculating their pension and gratuity in case they are appointed to the pensionable establishment of a University;(iii)Every such individual who has been employed by a University shall be subject to the provisions of this Act and the statutes made thereunder;(c)A University shall not make permanent appointment against any post in which another Government servant holds lien, or would hold lien, had his lien not been suspended without prior approval of the State Government.(2)[xxx] [Deleted by Notification No. 2000/86 dated 19.12.2000.](3)A University shall be bound to arrange for payment of the substantive pay and allowances and other pay and allowances to which a transferred Government servant may be entitled on account of service rendered by him, under the Rules applicable to his service under the State Government.(4)(a)The transferred employees of the State Government shall remain in their respective cadres of their Department in the State Government on posts held by them in substantive capacity until their death, retirement, resignation or promotion to higher post.(b)Whenever a transferred Government employee is promoted by a University to a post corresponding to a cadre post of the State Government under the control of a University he will be granted a corresponding promotion by the Government provided that a vacancy exists in such cadre posts. If the promotion by a University is to a post equivalent to a Class I cadre post, but not corresponding to Class I cadre post under the Government, or if such promotion is to a post higher than Class I, such promotion by the University shall not imply any promotion in the cadre of the service of the State Government and will not affect the calculations for the purpose of pension and leave salary.(c)No transferred employee shall be relieved by a University for appointment elsewhere without the consent of the State Government. Except in case of State Scholars, the applications of transferred employee for posts elsewhere may be forwarded by a University direct under intimation to the State Government. The application of officers who had been State Scholars, for posts elsewhere, shall be forwarded by a University after obtaining prior approval of the State Government.(d)If a transferred Government servant accepts appointment on loan basis under any Foreign employer, he will have to revert to Government who will determine the terms for foreign employment.(5)When a transferred employee has to be confirmed on a post against a cadre post under the Government, a University shall not put into effect any order of such confirmation without obtaining the approval of the Government regarding the confirmation, in accordance with the prescribed procedure for the confirmation of Government employees of that category.(6)The standards for the crossing of efficiency bar will be laid down by a University. A University will consider and examine the case of every transferred employee regarding crossing of efficiency bar on the basis of that standard and will formulate its proposal in that connection. A University will communicate its proposal alongwith the records to the Government, who will issue formal orders, regarding the crossing of efficiency bar on the proposals of a University.(7)A transferred employee, if appointed to officiate on a post in Government service on which he holds a lien or would hold a lien had his lien not been suspended, and that the post in which he officiates his pay under a University will not be taken in account in fixing his pay.(8)The transferred Government employees may not accept pension or gratuity from a University unless they have been permanently absorbed in the service of a University with the concurrence of the State Government.(9)The transferred employees will be granted leave by a University but their leave rules will be the rules of the State Government in force from time to time.(10)A transferred employee reverting to Government service will revert on the date on which he takes charge of his post in Government service, provided that if he takes leave on the conclusion of foreign service before rejoining his post, his reversion shall take effect from such date as the State Government may decide.(11)(a)A University will not be required to pay to Government any contribution on account of pension of transferred employees. Pension of such transferred employees will continue to be the liability of the State Government and will be paid only from treasuries as in the case of other classes of Government employees of State Government.(b)Orders sanctioning pension and gratuity and all orders relating to these matters will continue to be passed by appropriate authorities of the State Government hitherto in respect of the transferred Government employees both gazetted and non-gazetted.(12)(a)A University will not be required to pay to Government any contribution on account of leave salary of the transferred employee.(b)In the case of gazetted officers the report of eligibility for leave will have to be obtained before hand by a University from the Accountant-General, [Jharkhand] [Substituted for 'Bihar' by Notification No. 2000/86 dated 19.12.2000.] or the appropriate authorities of the Government and after the leave certified is sanctioned by Government authority, the leave salary to be paid will be that authorised by the Accountant-General, [Jharkhand] [Substituted for 'Bihar' by Notification No. 2000/86 dated 19.12.2000.] with reference to the pay admissible to the officers on the Government scales of pay applicable in each case. Appropriate Government authority will notify the grant of leave as in case of other gazetted officers of the [Jharkhand] [Substituted for 'Bihar' by Notification No. 2000/86 dated 19.12.2000.] Government.(c)In the case of grant of leave to non-gazetted transferred Government employees, a University will maintain their leave account and sanction the leave on that basis. A copy of the order sanctioning the leave will, however, be sent to Government for information.(d)The leave salaries of both gazetted officers and non-gazetted officers will be paid by the respective University out of its funds.(13)The transferred Government employees shall draw pay and allowances from a University from the date their services are lent to a University. It will not be necessary for Government to be consulted in respect of the payment of any additional emoluments by Universities to the transferred Government employees provided that such additional emoluments are not unduly excessive. Promotion to higher posts under a University will also be made by that University.(14)If a University decides to alter the scales of pay and allowances, such alterations will not have the effect of reducing the scales of pay and allowances of the transferred Government employees or increase the liability of the State Government regarding the transferred employees.(15)Transit pay and allowances to transferred employees at the time of joining University service or reverting to Government service shall be borne by the University.(16)(a)In the case of transferred employees employed by a University in University Departments in subjects in which there were corresponding Departments in the Government colleges at the time of establishment of a University, the seniority and emoluments of such employees vis-a-vis those of the rest shall be determined in consultation with the Government.(b)A University will take steps to create such post of University teachers as considered necessary for the various departments and will consider the cases of transferred eligible members of [Jharkhand] [Substituted for 'Bihar' by Notification No. 2000/86 dated 19.12.2000.] Agriculture and other State services at the time of making appointments thereto. The employees of the [Jharkhand] [Substituted for 'Bihar' by Notification No. 2000/86 dated 19.12.2000.] Agriculture and other State services appointed to those posts will not have a status or scale lower as compared to the status or scale of pay held by them under the Government at the time of the establishment of a University.(c)So far as appointment to any post in the post-graduate department corresponding to a Class I cadre post under the Government is concerned, the record of eligible transferred officers shall be given due consideration.(17)Such Government servants who choose to resign Government service and enter the service to the University shall be considered for compensation, proportionate pension, provided that no such compensation, proportionate pension shall be allowed to any employee, who resigns in spite of being required by Government to serve on some other post under the Government carrying emoluments not less than his pay at the time of such resignation.(18)A transferred employee shall retire from Government service on such day as applies to other Government servants. He shall not be given extension of service without the concurrence of the State Government. In the matter of reemployment by the University up to the age of 60 years, the transferred Government employees shall be treated on the same footing as the employees of the University in other colleges and shall be subject to the same terms and conditions as will be applicable to others, with the concurrence of the State Government. If a University decides to re-employ such retired employees, such re-employment will be like any other fresh employment in the University service and will not effect the pension and leave account of the employees with the Government. Such an employee on re-employment shall draw the initial pay of the post in which he is re-employed unless the concerned University sanctions advance increments, provided always that the total of the pay plus pension and pension equivalent to D.C.R. Gratuity does not exceed the pay last drawn at the time of retirement. In special cases in which a Government servant is reemployed in post involving the assumption of duties and responsibilities of greater importance than those attached to the post which he was holding on the date of retirement, the pay on re-employment plus pension may be allowed to exceed his last pay only with prior concurrence of the State Government.(19)A transferred employee will be allowed by a University to request the Government for recall to the Government service to any specific post or vacancy available for being filled up. In the event of no vacancy, the Government employee concerned will be liable to be discharged on payment of compensation pension.(20)Notwithstanding the loan of the service of the Government employee under the relevant section of the Act, it will be open to the State Government to recall any such employee to Government service without assigning any reason thereof.(21)The facilities for medical treatment available to Government employees shall continue to be enjoyed by the Government employees transferred to the University and they shall continue to be governed by rules made by the Government for Government employees of the corresponding classes from time to time in this behalf.(22)Any transferred Government employee may at any time after the transfer of his service, request Government through a University for permission to resign from Government service in order to join University service on any terms as may be fixed between him and the University:Provided that Government may not grant such permission if they wish to recall such employee to give service or if the services of such employees are required in public interest.(23)Government reserves the right to alter any of these terms or introduce any new terms if such alteration or introduction of new terms becomes necessary in public interest. Every time that such a change takes place the consent of the transferred Government employees affected to continue to be on loan to a University under the changed terms, will be taken.
