Teachers, and other employees to become Employees of State Government

§6

Summary

6. (1) Subject to the provisions of section 7, every teacher or other employee who, immediately before the appointed day is employed in, or in connection with the affairs of any scheduled institution shall become, as from the appointed day, a teacher, or other employee, as the case may be, of the State Government and shall hold his office by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, gratuity and other matters as he would have held, if this Act had not come into force and shall continue to do so, unless and until his employment is duly terminated or until his remuneration, terms and conditions are duly altered by the State Government : Provided that if such transfer is not acceptable to any such teacher or other employee, he may give intimation to the State Government to that effect within one month from the appointed day and thereupon, his employment shall stand terminated with effect from the appointed day : Provided further that if the employment of a teacher or other employee is terminated in accordance with the preceding proviso, such teacher or employee shall, subject to the provisions of sub-section (2), be entitled (a) to an amount equivalent to three months salary in the case of permanent employee, and one months salary in the case of any other employee ; and (b) to other benefits, if any, which would have accrued to him because of his past services in such institution, if his employment had not been so terminated. (2) The transfer or termination of the services of any teacher or other employee under sub-section (1) shall not entitle him to any compensation under the U. P. Industrial Disputes Act, 1947 or any other law for the time being in force, and no such claim shall be entertained by any court, tribunal or other authority. (3) If any vacancy occurs in the post of a teacher or other employee in any scheduled institution at any time after the commencement of this Act, and a teacher or other employee serving in any medical institution imparting instructions in Ayurvedic and Unani Tibbi Systems of Medicine (other than a scheduled institution) on the date immediately preceding the date of such commencement applies for appointment to any post carrying the same rank or grade, then such teacher or employee shall be entitled to preference over other applicants, provided he fulfills the minimum qualification prescribed for such post.

6. (1) Subject to the provisions of section 7, every teacher or other employee who, immediately before the appointed day is employed in, or in connection with the affairs of any scheduled institution shall become, as from the appointed day, a teacher, or other employee, as the case may be, of the State Government and shall hold his office by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, gratuity and other matters as he would have held, if this Act had not come into force and shall continue to do so, unless and until his employment is duly terminated or until his remuneration, terms and conditions are duly altered by the State Government : Provided that if such transfer is not acceptable to any such teacher or other employee, he may give intimation to the State Government to that effect within one month from the appointed day and thereupon, his employment shall stand terminated with effect from the appointed day : Provided further that if the employment of a teacher or other employee is terminated in accordance with the preceding proviso, such teacher or employee shall, subject to the provisions of sub-section (2), be entitled (a) to an amount equivalent to three months salary in the case of permanent employee, and one months salary in the case of any other employee ; and (b) to other benefits, if any, which would have accrued to him because of his past services in such institution, if his employment had not been so terminated. (2) The transfer or termination of the services of any teacher or other employee under sub-section (1) shall not entitle him to any compensation under the U. P. Industrial Disputes Act, 1947 or any other law for the time being in force, and no such claim shall be entertained by any court, tribunal or other authority. (3) If any vacancy occurs in the post of a teacher or other employee in any scheduled institution at any time after the commencement of this Act, and a teacher or other employee serving in any medical institution imparting instructions in Ayurvedic and Unani Tibbi Systems of Medicine (other than a scheduled institution) on the date immediately preceding the date of such commencement applies for appointment to any post carrying the same rank or grade, then such teacher or employee shall be entitled to preference over other applicants, provided he fulfills the minimum qualification prescribed for such post.

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