Section 46 in The U.P. Kshettra Panchayats And Zila Panchayats Adhiniyam, 1961
46. Consequences of enforcement of the Act on the existing officers and servants.
(1)All officers and servants in the employment of the [Zila Panchayat immediately before the date of commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994] [Substituted by U.P. Act No. 21 of 1995 (w.e.f. 22.04.1994).], notwithstanding anything in Sections 39 and 43 but subject to the provisions of sub-section (2) be officers and servants employed by the Zila Panchayat and until appointed to posts created under Section 39 shall be entitled to the same salaries and allowances and shall be subject to the same conditions of service to which they were entitled or were subject immediately before the said date.(2)The following procedure shall be adopted in appointing the officers and servants referred to in sub-section (1) to the posts created under Section 39 :-(a)appointments to posts for which consultation of the commission under sub-section (1) of Section 43 is necessary shall be made according to the provisions of the said sub-section;(b)appointments to other posts shall be made by the Adhyaksha in accordance with rules made in this behalf:Provided that any officer or servant aggrieved by any appointment made by the Adhyaksha may within thirty days of the date of the order by which the appointment was made make a representation to the Commissioner of the division and in that case the decision of the Commissioner of the division shall be final and binding;(c)if for any post a suitable person out of the officers and servants aforesaid is not available then appointment to the post may be made from outside under the provisions of this Act. [The suitability of such officers and servants shall be considered in the prescribed manner] [Inserted by Section 20 of U.P. Act No. 2 of 1963.];(d)if any officer or servant as aforesaid declines to accept the post to which he is appointed on the ground that the pay or the time-scale of the pay attached to the post is less than his present time-scale of pay, then his service shall be terminated after such notice and on such terms as he would have been entitled to on the abolition of the post held by him if this Act had not been passed;(e)in making appointments under clauses (a) and (b) due regard will be made for the length of service and experience of the officers and servants; and(f)an officer or servant appointed to a post of which the pay or time-scale of pay is less than his present pay or time-scale of pay, may, within thirty days of the order by which he has been appointed to that post make a representation to the State Government and in that case the decision of the State Government shall be final and binding.(3)The service rendered by any such officer or servant under an aforesaid District Board or Antarim Zila Parishad shall for the purposes of leave, pension and grant of gratuity or allowance be deemed to be service rendered under the Zila Panchayat.
