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[Cites 0, Cited by 0] [Section 39] [Entire Act]

State of Jharkhand - Subsection

Section 39(1) in The Jharkhand State Agricultural University Act, 2000

(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.