Section 4 in The Orissa Electricity Reform (Transfer of Assets, Liabilities, Proceedings and Personnel of Gridco to Distribution Companies) Rules, 1998
4. Conditions applicable to transfer of Specified Personnel.
(1)The transfer of Specified Personnel from Gridco to the respective Distco shall be subject to the following, namely :(a)that the terms and conditions of the service applicable to them on the Appointed Date shall not in any way be less favourable than or inferior to those applicable to them immediately before the Appointed Date;(b)the Specified Personnel shall have continuity of service in all respects provided, however, that those Specified Personnel who opt for the pension scheme in accordance with Rule 43 of O.C.S. (Pension Rules) 1992 as amended by Government of Orissa, Finance Department Resolution Pen 41/96-25926/F dated 4th June 1996 shall have continuity of service in all respects except for pension rights where the continuity of service shall be calculated from 1st April 1997 only;(c)subject to clause (b) above, all benefits of service accrued before the Appointed Date shall be fully recognised and taken into account for ail purposes including the payment of any and all terminal benefits; and(d)any orders that may be passed by the Courts in proceedings pending on the Appointed Date in regard to seniority or other matters concerning the service conditions of the Specified Personnel.(2)The Specified Personnel on the Appointed Date shall cease to be in the service of Gridco and they shall not assert or claim any benefit of service in Gridco from the Appointed Date except as provided in these rules.(3)Subject to the provisions of the Act and these rules upon transfer of the Distribution Undertakings:(a)the Specified Personnel shall form a part of the relevant Distco in terms of these and shall be entitled to all the service benefits from the Appointed Date from such Distco; and(b)the status of the Specified Personnel as in the employment of Gridco, namely permanent, temporary, ad hoc, contractual or otherwise before the Appointed Date shall continue and the Specified Personnel shall not be entitled to claim any change in status by reason of the transfer in terms of these rules.(4)Gridco shall, in consultation with the Distcos, constitute forthwith a committee consisting of representatives from Gridco and each of the Distcos to receive representations from the Personnel in regard to the transfer of personnel to the Distcos in terms of these rules and to make recommendations on the matter to Gridco within 60 days from the Appointed Date or with such extended period as may be decided by the State Government.(5)Gridco shall, within a period of 30 days from the date of receiving the recommendation of the Committee under Sub-rule (4), take a decision on the allocation of the relevant Personnel to be made to the Distcos or retained as Gridco Personnel based on the recommendation of the Committee under Sub-rule (4) and shall record reasons for the decision.(6)If Gridco makes any decision under Sub-rule (5) the Personnel concerned shall be deemed to have been classified as on the Appointed Date for all intent and purpose as the Specified Personnel of the relevant Distco or Personnel forming part of the service of Gridco, as the case may be.(7)The existing conditions of the service and the service regulations of Gridco shall apply mutatis mutandis to the Specified Personnel transferred to the Distcos, till the Distcos frame the service regulation subject however to the conditions specified in Sub-rule (1).(8)The corpus for meeting Gridco's pension, gratuity and all other applicable terminal benefits obligations to the Personnel shall be apportioned among Gridco and the Distcos in proportion to their liabilities on this count. An actuary shall be appointed by Gridco to determine the assets of the funds to be transferred to the Distcos with reference to 31st March 99 and any shortfall in the funds allocated to any of the Distcos on this account as ascertained by an actuarial valuation made with reference to 31st March 99 shall be made good by Gridco. The liability to pay such terminal benefit to all Personnel who retire on or before the Appointed Date shall remain with Gridco.(9)Except as otherwise provided, in these rules in respect or all statutory and other schemes and all employment related matters including the provident fund, gratuity lurid, pension fund or any other special fund created or existing for the benefit and in respect of the Specified Personnel, from the Appointed Date the relevant Distco shall stand substituted for Gridco for all intents and purposes and all the rights, powers and obligations of Gridco in relation to any and all such matters shall become those of the relevant Distco.(10)The proceedings including disciplinary proceedings pending against the Specified Personnel as on the Appointed Date which relate to misconduct, lapses or acts of commission or omission committed before the Appointed Date shall not abate by reason of their transfer and the same may be continued by the relevant Distco.
