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State of Uttar Pradesh - Section

Section 7 in The U.P. State Universities (Centralised) Service Rules, 1975

7. Absorption of the existing Officers

. - (1) [The absorption or termination of services of the persons, serving on any of the posts mentioned in Rule 3, immediately before the commencement of the rules, shall be governed by the following provisions :-(a)Persons serving on the administrative posts of Registrar, Deputy Registrar and Assistant Registrar and confirmed in any one of the said posts before May 14, 1973, shall unless they opt otherwise, be absorbed in the Centralised Service finally.(b)Other persons holding temporary or officiating appointments referred to in clause (a) above shall unless they opt otherwise, be absorbed provisionally, subject to such orders as the State Government may in each case pass under clause (c) below.(c)The services of persons who are provisionally absorbed under clause (b) but who are not found suitable for absorption finally may, by orders of the State Government (made on or before December 31, 1977) be terminated on payment of one month's salary as compensation as provided in sub-section (2) of Section 17 of the Act.(d)If in any case, orders of the State Government are not made to the contrary under clause (c), the persons concerned shall be deemed to have been finally absorbed in the Centralised Service.(e)Persons serving on any of the said posts immediately prior to the commencement of these rules shall be required to exercise their option for absorption in the Centralised Service. A person who fails to communicate to the Government in the Education Department his option within a period of three months from the date of commencement of these rules shall be deemed to have opted for such absorption.(f)The services of persons referred in clause (a) who opt against absorption, shall stand determined, with effect from the date of exercise of such option, and they shall, without prejudice to their claim to any provident fund admissible to them, be paid as compensation, the pay for the remaining period of their service in the University, or six months' pay in the case of persons whose total continuous service immediately before the commencement of these rules exceeded ten years, or three months' pay in the case of persons whose total continuous service as aforesaid did not exceed ten years, whichever is less.(g)The amount of compensation payable under clause (c) clause (J) shall be paid by the University in which the person concerned was employed immediately before the commencement of these rules.
(2)Where in the case of a person referred to in sub-section (2) of Section 17 of the Act and absorbed in the service, any particular condition of service prescribed by these rules works out, to be less advantageous to him than that applicable to him before such absorption, then, notwithstanding anything contained in these rules, the condition applicable to him before his absorption shall apply to such person.Explanation. - Every person to whom these rules apply, shall be liable to transfer from one University to another.] [Substituted by Notification No. 1793/XV-10-83-35(41)-1981-UPA-10-1973-Rule/1975-AM(4)-1982. dated 31.12.1983.]