Section 38 in Biju Patnaik University of Technology Act, 2002
38. Transfer of services of certain employees.
(1)Notwithstanding anything contained in this Act, or any other law, but subject to the provisions of sub-section (2), where the control and management of any constituent college, institution or Department has been transferred to the University under section 37, the University shall employ all teachers and other employees of the respective constituent colleges or institutions or Departments of the other Universities concerned, who, immediately before such transfer or before the date specified under sub-section (1) of section 37, were serving in or attached to those colleges or institutions or Departments, as the case may be, on such foreign service terms and conditions, as may be determined by other Universities concerned:Provided that no deputation or other allowance shall be payable to any such employees.(2)Every teacher or employee of other Universities concerned shall, within a period of six months from the date of transfer of the control and management under section 37, exercise his option to revert to the services under the other University to which he belongs, failing which, he shall be deemed to have ceased to be an employee of the constituent college or institution or Department of the other University concerned and shall be absorbed in the service of the University with effect from the date of transfer referred to in sub-section (1) and shall, from the said date or on such transfer, be governed by the terms and conditions of service prescribed for the teachers or, as the case may be, employees of the University.(3)Where any teacher or employee serving in, or attached to, any College, institution or Department so transferred exercises option for reversion under sub-section (2) and there is no such post available in or under the other University concerned, he shall be given an opportunity to exercise an option within such time and in such manner as may be specified by the other University concerned either to be absorbed in an equivalent post available in or under such other University or to be retrenched from the service on such retrenchment benefit as may be determined by the other University concerned in consultation with the Government.
