Section 6 in The Orissa Electricity Reform (Transfer of Undertakings, Assets, Liabilities, Proceedings and Personnel) Scheme Rules, 1996
6. Transfer of Personnel.
(1)All personnel of the Board who are either in the employment of the Board or deputed to and have been working for the Board on the effective date, shall be subject to transfer as provided in these rules without any further act or thing to be done by the Board the State Government or the personnel as the case may be.(2)Upon such transfer the personnel who are subject to the transfer, shall not assert or claim any as the case may be, benefit of service under the State Government or the Board except as provided in these rules.(3)The State Government shall classify the personnel into different groups on so far as practicable having regard to the Classification of the undertakings residuary assets and residuary liabilities :Provided that the classification of personnel shall not be called into question on the ground that it is not consistent with the classification of the Undertakings and residuary asserts and residuary liabilities.(4)Upon transfer the personnel shall form a part of the services of OHPC or Gridco, as the case may be in the post, scale of pay and seniority in accordance with Schedules C and D :Provided that the placement of the personnel in the post, scale of pay, seniority shall be subject to orders that may be passed by the Courts or Tribunal in the proceedings pending on the effective date.(5)On the effective that the personnel of the Board shall stand transferred to OHPC or Gridco, as may be designated in accordance with the classification made by the State Government under Sub-rules (3) and (4) and the provisions of Schedule D.(6)All personnel of the State Government working under the Board on deputation or assignment shall stand reverted to the services of the State Government on the effective date.(7)All personnel who revert to the services of the State Government under Sub-rule (6) and other employees of the State Government assigned for the electricity generation, transmission, distribution and supply related work as provided in Schedule "C" shall stand deputed to the services of OHPC or the Gridco. on the effective date :Provided that they shall continue to retain their lien in the posts held by them under the State Government till permanent absorption in the Transferees.(8)(a)The transfer of personnel shall be subject to the condition that the terms and conditions of the services applicable to them on the effective date shall not in any way be less favourable to them than those applicable to them immediately before such date and all benefits of their respective services rendered before the effective date shall be recognised and taken into account while fixing the condition of services under the Transferee, except as otherwise provided under these rules.(b)Subject to Sub-clause (a), the OHPC or Gridco, as the case may be, shall frame regulation governing the conditions of services of personnel so transferred under Sub-rules (5) and (7).(9)(a)Subject to these rules, the Orissa Civil Service (Classification, Control and Appeal) Rules, 1962 (hereinafter called "CCA Rules") framed by the State Government and as modified from time to time and applicable to the personnel of the Board or State Government as the case may be, immediately before the effective date, shall mutatis mutandis be applicable to the such personnel transferred to the services of OHPC or Gridco. as the case may be until such time OHPC or Gridco. frame its own rule on the subject and the personnel so transferred shall be under the disciplinary control of OHPC or Gridco. as the case may be :Provided that in the matter of application of CCA Rules to the personnel under the service of OHPC or Gridco. any interpretation and/or clarifications issued by the Department of Energy, State Government, shall be final and binding :Provided further that until permanent absorption of the personnel of the State Government the Service rules applicable to them as Government Employees shall continue to apply.(b)All proceedings including disciplinary proceedings pending against the personnel prior to the effective date or the proceedings to be instituted against the personnel for misconduct, lapses or other acts of commission or commission committed before the effective date, shall not lapse and shall be decided as the case may be after following the procedure, laid down in the CCA Rules as applicable under Sub-rule 9(a).(10)(a)Except as specifically provided otherwise herein in respect of all statutory and other schemes and employment related matters including the provident fund, gratuity fund, superannuation fund or any other special fund created or existing for the benefit of the personnel on the effective date, the Transferee of the relevant personnel shall stand substituted for all purposes whatsoever and all the rights, powers and obligations of the Board or the State Government, as the case may be, in relation to any and all such matters shall become those of the transferee.(b)All accumulations in the respective funds including the provident fund, gratuity and superannuation including all interests and other accruals of the respective personnel to be transferred to OHPC or Gridco. on the effective date shall be transferred to the corresponding funds to be established or formed by the OHPC or Gridco. as the case may be.(c)All obligations in respect of payment of pension and other retirement benefits including provident fund, superannuation and gratuity to the employees who have retired from the services of the Board before the effective date shall be discharged by Gridco. until such obligations are appropriately assigned to OHPC and Gridco. and OHPC shall reimburse Gridco. for the expenditure incurred by Gridco. relating to such obligation assigned to OHPC,(d)The personnel of the State Government transferred to OHPC or Gridco. ("the Transferee") who are eligible for pensionary and other superannuation benefits as would be applicable or admissible to them if they had continued in the service under the State Government, shall be entitled to receive the entire benefits from the Transferee in the following manner unless otherwise specifically provided by the State Government -(i)The services rendered by them under the State Government up to the date of permanent absorption shall be taken into account for the purpose of grant of the pensionary and other retirement benefits together with the service to be rendered by them under the relevant Transferee after the said date.(ii)The pensionary and other benefits will be sanctioned and paid by the relevant tranferee.(iii)The respective liability in regard to the above shall be apportioned between the State Government and the transferee based on the length of service rendered by the personnel in each of the two organisations.(iv)The State Government shall transfer from time to time the funds to OHPC or Gridco as the case may be, representing the share of the liability of the State Government in regard to the obligations mentioned under Sub-rule (iii).[Provided that the personnel of the State Government permanently transferred to OHPC -or the GRIDCO, who are eligible for pensionary and other superannuation benefits, would be eligible for such benefits, it preferred, in terms of rule 43 of the Orissa Civil Services Pension Rule, 1992 as modified by Finance Department Resolution, dated the 4th June 1996.] [Inserted vide Orissa Gazette Extraordinary No. 414, dated 12.3.1999.](e)The period of the service of the personnel under the Board or Government, as the case may be, and under the Transferee shall be treated as continuous for the purpose of all service benefits.(f)The personnel transferred to the service of OHPC or Gridco under these rules shall be deemed to have entered into an agreement with OHPC or Gridco or the respective nominated authority, as the case may be, to repay the loans, advance and other sums due or otherwise perform the obligations undertaken by him to the Board or the State Government which remain outstanding against him on the effective date, as per the original terms and conditions.(11)Notwithstanding anything contained in these rules all personnel of the Central Government working under the Board or assigned for the electricity generation, transmission, distribution and supply related work of the Board shall stand reverted to their respective department in the Central Government.
