Section 3 in The U.P. Electricity Reforms (Transfer of the Officers and Employees from U.P. Power Corporation Limited to Uttar Pradesh Power Transmission Corporation Limited) Scheme, 2010
3. Transfer of personnel.
(1)The transfer or personnel in terms of this scheme shall be subject to the terms and conditions contained in the Act.(2)Subject to sub-clause (1), the personnel on the effective date of Transfer shall stand transferred as under :(a)The personnel classified in Schedule-A(a) shall stand transferred to and absorbed in Transmission Company on a provisional basis, subject to finalisation by the State Government according to clause 4;(b)Personnel not identifiable to the units of the U.P Power Corporation Limited as covered, under Schedule-A(b) shall stand, transferred to and absorbed in Uttar Pradesh Power transmission Corporation Limited on a provisional basis, subject to finalisation by the State Government according to clause 4 ;(3)Notwithstanding the provisional nature of transfer of personnel to the Transmission Company as per sub-clause (1) of clause 4 of this scheme, the personnel shall discharge the duties and functions as may be assigned by the Transmission company, and the Transmission Company shall have the power to exercise all administrative and disciplinary control over such personnel transferred to them as per this scheme.(4)The transfer of personnel shall be further subject to the following conditions, namely :(a)that the terms and conditions of the services applicable to personnel on the effective date of transfer, shall not in any way be less favourable than those applicable to them immediately before the said effective date of transfer. Accordingly the salary, allowances and other pecuniary benefits including terminal benefits including terminal benefits applicable on the effective date of transfer shall be protected and shall not be adversely changed;(b)all benefits of service accrued before the said effective date of transfer shall be fully recognised and taken into account for all purposes including the payment of terminal benefits;(c)Subject to this scheme, the personnel transferred to and absorbed in the transmission companies shall cease to be in the service of the U P. Power Corporation Limited;(d)Subject to the Act and this scheme the transferred shall frame regulations governing the conditions of personnel transferred to the Transferee under this scheme and till (sic that) time the existing service Rules, Regulations of the U.P. Power Corporation Limited shall apply mutatis mutandis.(5)Subject to the: provisions contained in the notification No. 149/P-1/2000-24 dated 14 January , 2000 and the notifications No. 348/P-I/2001-24. dated 25 January, 2001, all obligations in respect of pension and other retirement benefits including provident fund, superannuation and Gratuity to the employees; who have retired from the services of the U.P Power Corporation Limited or rendered services before the collective date of transfer, shall be discharged by the Government of Uttar Pradesh or the Uttar Pradesh Power Sector Employees Trust as the case may be.(6)All proceedings including disciplinary proceedings pending against the personnel prior to the effective date of transfer from the U.P. Power Corporation Limited to Transferee or which may relate to misconduct, lapses or acts of commission or omission committed before the effective date of transfer shall not abate and will be continued with the Transferee consistent with the applicable Service Regulations.
