Section 6 in Haryana Electricity Reform (Transfer of Undertakings, Assets, Liabilities, Proceedings and Personnel) Scheme Rules, 1998
6. Transfer of personnel.
[Sections 24 and 55]. - (1) All personnel shall be subject to transfer to the Transferee as provided in these rules without any further act or thing to be done by the Board, the State Government, the Transferee 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 benefit of service under the Board or the State Government except as provided in the Act and in these rules.(3)The personnel shall stand classified as under(a)the personnel related to generation 'Undertakings as detailed in Schedule C;(b)the personnel related to transmission and distribution undertakings as specified in Schedule(c)common cadre engineers and officers as specified in Schedule E.Explanation - Common cadre engineers and officers comprise those personnel who are or have been subject to posting in both Generation and Transmission and Distribution undertakings of the Board under the relevant service regulations and whose services in the Board on the effective date were not segregated exclusively either for generation or for transmission and distribution as in the case of personnel specified in Schedules C and D.(d)The personnel of other common services including head office personnel as specified in Schedule F comprising those rendering services commonly for generation and transmission and distribution undertakings and whose services in the Board as on the effective date are not exclusively related to generation or to transmission and distribution as in the case of personnel specified in Schedules C and D.(4)The personnel classified in Schedule C shall stand transferred to Genco on as is where is basis, namely, that they will serve in the place where they are posted on the effective date and will become an employee Geneco.(5)The personnel classified in Schedule D shall stand transferred to Transco on as is where is basis, namely, that they will serve in the place where they are posted on the effective date and will become an employee of Transco.(6)(a)The personnel classified in Schedules E and F shall be assigned to the services of Genco or Transco or Genco and Transco on as is where is basis, namely, that they will serve in the place where they are posted on the effective date subject to the following :(i)The assignment shall be on a provisional a basis till they are absorbed in the services of Genco or Transco in accordance with the provisions of these rules;(ii)Transco shall be the controlling employer in the case of all such personnel specified in Schedules E and F till they are absorbed in the services of Genco or Transco in terms of these rules,(b)Transco shall, in consultation with Genco and the State Government. finalise the absorption of the personnel specified in Schedules E and F taking into account the suitability, ability and experience of the personnel, the number and nature of the vacancies and other relevant factors and issue appropriate orders within the provisional period provided under rule 9.(7)Upon the finalisation and issue of orders in terms of above rules, the personal specified in Schedules E and F shall stand absorbed in the services of the Transferee concerned, in the post, scale of pay and seniority in accordance with the order passede.(8)The personnel specified in Schedules E and F shall form part of a common cadre for the purposes of promotion and other matters concerning their services till the finalisation and issue of the orders for transfer to Genco or Transco in terms of sub-rule (6) above.(9)The transfer of the personnel to Genco and Transco shall be subject to the orders that may be passed by the courts or tribunals; in any of the proceedings pending on the effective date.(10)Notwithstanding anything contained herein above, any of the personnel may at his option resign from the service at any time before the expiry of 12 months from the effective date retaining a right to get the proportionate part of the terminal benefits applicable to him in accordance with the service conditions prevailing as on the effective date and Genco or Transco to whose services the personnel is assigned at the time of such resignation shall be liable to pay to such person the terminal benefits proportionate to the period of service rendered by him in the Board till the effective date.(11)The transfer of personnel shall be subject to the following conditions :-(a)The terms and conditions of the services applicable to them on the effective date, the pay, pattern of Dearness Allowances, Additional Dearness Allowances, Interim Relief, City Compensatory Allowances, House Rent allowances, Shift Duty allowances, Hardship allowances, medical facility, medical allowances, all other allowances on the projects, field and head office, leave of all kinds (including casual leave), Pension and Death-cum retirement benefit, gratuity and leave encashment of every nature shall not be in any way be less favourable to them than those applicable to them immediately before such date;(b)The period of the service of the personnel under the Board and under the Transferee shall be treated as continuous for the purpose of all service benefits;(c)All benefits of the services rendered before the effective date shall be recognised and taken into account while fixing the condition of services under (the Transferee as well as for payment of all terminal benefits.(12)Subject to the provisions of the Act and these rules, the Transferee may frame regulation governing the conditions of services of personnel transferred to the Transferee, and till the finalisation of service regulations by the Transferee, the service rules and regulations applicable to the personnel immediately before the effective date shall be applicable to the personnel transferred as if the same have been framed by the Transferee.(13)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 omission committed before the effective date, shall not lapse and shall be proceeded with and decided by Genco or Transco to whose services the personnel are assigned and transferred, consistent with the applicable service rules.Provided that in the case of all the personnel specified in Schedules E and F, such proceedings shall be proceeded with and decided by Transco till the final orders are issued in terms of sub-rule (7) and thereafter by the concerned Transferee.(14)(a)Except as otherwise specifically provided 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 shall stand substituted in place of the Board and all obligations in respect of such schemes and matters with effect from the effective date shall be of the Transferee.(b)All accumulations in the respective funds including the provident fund, gratuity and superannuation fund and including all Interest and other accruals of the respective personnel transferred to the Transferee on the effective date shall be transferred to the corresponding funds to be established or formed by the transferee.(c)All obligations in respect of payment of pensiion and other retirement benefits including provident fund, leave encashment, commutation of pension, medical facilities, superannuation and gratuity to the personnel who have retired from the services of the Board on or before the effective date shall be discharged by Transco until such obligations are appropriately assigned to Genco or other concerns.(d)The personnel 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 Board 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 the personnel for the Board up to the effective date and together with the service to be rendered by them under the Transferees after the effective date shall be taken into account for the purpose of grant of the pensionary and other retirement benefits;(ii)the pensionary and other benefits shall be sanctioned ana paid by the Transferee;(iii)the General Provident fund maintained by the Board shall be transferred to the funds to be established by the Transferee.Note :- In case, any portion of such pension funds of death cum- retirement gratuity fund, provident fund or any other retirement benefits is unfunded, the State Government shall be liable to make appropriate provisions for covering tile unfunded portion of such funds and benefits.(e)The Transco shall provide Genco the funds required by Genco to meet the obligations to pay to the personnel tile retirement benefits including pension deathcum-retirement gratuity fund, provident fund till Genco is in a position to make appropriate arrangements to meet such obligations. Genco shall be liable to repay the funds, advances and Transco shall be entitled to adjust the funds provided against other amounts becoming due from Transco to Genco.(15)The personnel transferred to Genco or Transco, as the case may be, shall be deemed to have entered into an agreement with Genco or Transco or their respective nominated authorities, as the case may be, to repay the loans, advances and other sums due or otherwise perform the obligations undertaken by him to the Board which remain outstanding against him on the effective date, as per the original terms and conditions.(16)Notwithstanding anything contained in these rules all personnel of' the State Government or 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 State or Central Government.
