EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 563, CUTTACK, TUESDAY, APRIL 10, 2018/ CHAITRA 20, 1940

[No. 7230–IX-SME-(OJC)-01/2017/SME.]

SCHOOL & MASS EDUCATION DEPARTMENT

RESOLUTION

The 3rd April, 2018

SUBJECT: Taking-over the management of Non- Government fully aided High

Schools by Government - Service conditions of the employees.

Government had decided in principle on the 7th June, 1994 to take over the Non-

Government Aided High Schools in receipt of full salary cost. The Managing Committee of

these institutions were informed to comply with the terms and conditions of takeover as

laid down in this Department letter No. 20645, dated the 24th June, 1994. The Chandi

High School, Balugaon in the District of Nayagarh which was a Non-Government Aided

High School in receipt of full salary cost, could not resolve to handover the management

along with approved teaching and non-teaching staff including assets as on the 7th June,

1994 for which this High School could not be taken over at the relevant time. Now in

pursuance of Order dated the 5th April, 2010 of Hon’ble High Court of Orissa passed in

W.P. (C) No. 14506/2009 Government have decided to take over the management of this

High School along with approved teaching and non-teaching staff and assets with effect

from the 3rd April, 2018. Government would not be liable to clear any liability whatsoever

relating to the period prior to and or as on and after the 3rd April, 2018 incurred by the

Managing Committee.

2. The taken over employees would be treated as Government Servants with effect

from the 3rd April, 2018 only and their Service conditions would be as follows:—

2.1.

Seniority:

The seniority of the taken over employees in respective cadres under the State

Government will be determined taking into account the 3rd April, 2018 as the date of entry

into Government Service and the inter-se-seniority of the taken over employees prior to

the 3rd April, 2018 will be determined in accordance with the guidelines prescribed in this

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Department Letter No. 27236, dated the 26th August, 1994 subject to decision of

competent Court of Law where pending on the date of take over.

2.2.

Fixation of pay and date of increment:

As the teachers are entitled to salary in the scales of pay applicable to their

counterparts in the State Government, their pay shall be protected on their coming over to

Government service without any change in the date of increment.

2.3.

Retirement benefits:

The employees of such taken over High Schools shall be governed under two sets

of rules. Pension and other terminal benefits admissible to State Government servants

shall be applicable to such employees for the period of their service rendered under the

State Government i.e. with effect from the date of taking over. Such period shall be

governed under the provisions of the OCS (Pension) Rules, 1992. Service period rendered

in privately managed aided educational institutions prior to the date of taken over to

Government fold shall be governed under the provisions of the Odisha Aided Educational

Institutions Employees Retirement Benefits Rules, 1981.Such provision shall be applicable

to the employees who have joined in service prior to 01.01.2005.

Provided that employees who have joined in service in Aided Educational

Institutions on or after 1st January, 2005 shall be governed under the New Restructured

Defined Contribution Pension Scheme (NPS) for both spells of service i.e. under Aided

Educational Institutions and State Government.

2.4.

Provident Fund:

Employees who are eligible shall subscribe to the State Government Provident

Fund as under the General Provident Fund (Odisha) Rules, 1938.

Provided that such G.P.F. Rules shall not be applicable in case of employees who

are covered under the New Restructured Defined Contribution Pension Scheme (NPS).

2.5.

Leave:

Leave benefit as admissible to Government servants shall be admissible to such

employees on the basis of service rendered by them with effect from the 3rd April, 2018.

2.6.

House Rent Allowance:

House Rent Allowance as admissible to regular Government servants shall be

admissible to such employees with effect from the date of joining in Government fold.

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2.7.

Age of superannuation:

The age of superannuation for all category of employees shall be 60 years.

3. The existing employees shall be guided as per the service conditions applicable

to a regular Government servant with effect from the date of taken over of the School to

Government fold.

4. All service rules applicable to Government servants shall be applicable to the

taken over employees.

ORDER

Ordered that the Resolution be published in the next issue of the Odisha Gazette

and copies thereof be extended to all concerned with 50 spare copies to S & M E

Department for reference.

By Order of the Governor

P.K. MOHAPATRA

Principal Secretary to Government

Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10

Ex. Gaz. 40-173+50