Section 6 in Tamil Nadu Electricity (Reorganisation and Reforms) Transfer Scheme, 2010
6. Transfer of Personnel.
(1)The transfer of personnel shall be subject to the provisions contained in section 133 of the Act and the Tripartite Agreement.(2)All personnel of the Board (excluding Chairman and Director of the Board) shall stand transferred to and absorbed in TANGFDCO on a provisional basis, subject to finalisation of Employee Transfer scheme by the State Government in consultation with the Chairman of TNEB Limited.(3)The Chairman and Director of the Board shall stand transferred to and absorbed as per the directions of the State Government.(4)A Tripartite Agreement shall be signed between Government of Tamil Nadu, Transferee and the Recognised Unions / Associations to set forth the conditions mutually agreed upon to safeguard the interest of the Personnel and for smooth implementation of the policy of restructuring.(5)On the date of transfer under clause 5 of this Scheme, the personnel of the Board shall stand assigned to the services of the relevant Transferee, on deputation basis, on "as-is-where-is" basis, namely, that they will continue to serve in the place where they are posted on the date of transfer, till further orders of the State Government in consultation with the Chairman of TNEB Ltd.(6)On the date of transfer under clause 5, of this Scheme the personnel of the Board rendering services to more than one Undertaking or otherwise the services of personnel of common nature shall continue to render such services in the same manner as before till further orders of the State Government in consultation with the Chairman of TNEB Limited.(7)The head of Personnel Department of TANGEDCO may issue orders from time to time directing the personnel rendering services relating to an Undertaking or Undertakings to be assigned to the services of another Transferee Undertaking, as the head of Personnel Department of TANGEDCO may, from lime to time, consider appropriate during the provisional period specified in sub-clause (1) of clause (9) of this Scheme'.(8)The assignment of personnel under and in accordance with sub-clauses (2) and (5) above to the Transferees shall continue till the personnel are transferred to and permanently absorbed in the services of a Transferee, in accordance with the provisions of the Act, this Scheme and orders to be issued by the State Government in consultation with the Chairman of TNEB Limited.(9)The State Government in consultation with the Chairman of TNEB Limited, will finalize the transfer to and permanent absorption of the personnel in a Transferee taking into account the suitability, ability and experience of the personnel, number and nature of the vacancies and other relevant factors and issue appropriate orders for such permanent absorption within the provisional period of transfer of the Undertakings specified in clause 9 of this Scheme.(10)The Chairman of TNEB Limited shall, in consultation with Tangedco and Tantransco constitute Grievance Handling Committees separately for officers(Class-I and II) and other employees(Class III and IV) to(a)receive representations from the Personnel who may raise grievances in regard to their transfer and absorption in a Transferee; and(b)to make recommendation on such transfer and absorption, within such time as the State Government may specify for the purpose. The said Committees will be formed at TNEB Limited with senior officers and representatives from Tantransco and Tangedco.(11)The State Government in consultation with the Chairman of TNEB Limited shall take a decision on the transfer and permanent absorption of the personnel in a Transferee and shall issue orders based on the recommendation of the Grievance Handling Committee for such transfer and permanent absorption of the personnel.(12)Upon the finalization and issue of orders in terms of the sub-clause (9) and (11), the personnel shall form part of the services of the Transferee concerned, in the post, scale of pay or seniority in accordance with the orders that may be issued for this purpose, without any further act, deed or thing to be done by the State Government or the Board or the Transferee or the Personnel or any other person.(13)Subject to the provisions of the Act and this Scheme, the personnel shall be governed by the Rules and Regulations framed by the Board existing on the date of Transfer. The Transferee shall be entitled to modify or frame new regulations governing the conditions of service of personnel transferred to the Transferee under this Scheme, but the rank, scale of pay, salary, allowances and other pecuniary benefits including terminal benefits after the date of transfer shall not in any way be less favourable than those which would have been applicable to them if there had been no such transfer under the transfer scheme.(14)Managements of the companies shall prepare a new Human Resource Policy Handbook taking into account the new requirements. However, until such a Policy Handbook is issued, the existing policies shall be continued as applicable.(15)In respect of all statutory and other Schemes and employment related matters including the provident fund, gratuity fund, pension (to whom it is applicable on the date of the transfer) and any other superannuation fund or any other fund created or existing for the benefit of the personnel, the relevant Transferee shall stand substituted for the Board for all intent and purposes and all the rights, powers and obligations of the Board in relation to any and all such matters shall be of the Transferee concerned and the services of the personnel shall be treated as having been continuous for the above purpose.(16)The State Government shall enter into a Tri-partite Agreement to safeguard the pension liabilities and other personnel related liabilities to the extent they are unfunded on the date of the transfer of the Personnel from the Board including due payment of the amounts to personnel who retire on or after the date of the transfer, by the respective Transferees to which the personnel are transferred.(17)The said Tri-partite Agreement shall provide for safeguarding the terminal benefits to the employees retired before the date of transfer and to the existing pensioners of the Board as on the date of transfer and the payment to such employees. The payments to existing pensioners shall continue to be met from the cash flow of the operation of the Transferee. The payment to the existing pensioners shall be directly from Tangedco and Tantransco shall reimburse their proportional share to Tangedco as specified in the said Tri-partite Agreement.For the purpose of this clause,(a)"Existing Pensioners" means all the personnel entitled to receive pension or in receipt of pension under the Board, and shall include family members of the personnel entitled to receive family pension or in receipt of family pension as per the applicable scheme as on the date of transfer from the Board; and(b)"Terminal Benefits" means the TNEB's employee-related liabilities, including payments of pension, gratuity, leave encashment, general provident fund and includes Commutation of pension, Family Security Fund, Special Provident Fund 1984, Special Provident Fund 2000, Settlement of Contributory Pension Scheme and any other retirement benefits and other applicable benefits including the right to have the appropriate revisions in the above benefits consistent with the practice that were prevalent in the Board.(18)All proceedings including disciplinary proceedings pending against the personnel prior to the date of transfer from the Board to the Transferee or from such Transferee to another Transferee, as the case may be, or which may relate to misconduct, lapses or acts of commission or omission committed before the date of transfer, shall not abate and shall be continued by the Transferee concerned.(19)The personnel transferred to the Transferees, shall be deemed to have entered into an agreement with the Transferee concerned to repay loans, advances and other sums due and perform obligations undertaken by them to the Board which remain outstanding as on the date of the transfer for the benefit of the Transferee in the same manner on the same terms and conditions as contained in the arrangement with the Board(20)The personnel shall cease to be in the service of the Board and shall not assert or claim any benefit of service under the State Government or the Board except as provided in this Scheme and in the Tripartite Agreement. All other terms and conditions as specified in the Tripartite Agreement, shall apply;(21)Nothing contained in this Scheme shall apply to personnel of the State Government or other organization on deputation to Board as on the date of transfer but such personnel shall continue on deputation to the Transferee concerned to whose services they are assigned on "as is where is basis" till further orders of the Transferee.
