1[ 16-EE. Absorption of retrenched employees- (1) Where any employee of an institution has been
retrenched on or after July 1, 1974 but before the commencement of
the Intermediate Education (Amendment) Act, 1980, and such
employee possesses minimum qualifications prescribed therefor on the
date of initial appointment the Regional Deputy Director of Education
shall, on an application made in this behalf, direct that subject to the
provisions of this section, such employee be absorbed against any
permanent vacancy occurring in the same or any other institution
situate in any district within his jurisdiction :
Provided that in the case of an employee retrenched on or after the date of such commencement the Regional Deputy Director of Education may issue directions under this section without any application from the employee concerned.
(2) Every application referred to in sub-section (1) shall be made within six months from the date of commencement of the Intermediate Education (Amendment) Act, 1980.
(3) Where any direction is issued by the Regional Deputy Director of Education under sub-section (1) the following consequences shall ensure, namely :—
(i) the Committee of Management of the institution concerned shall be bound to comply with every such direction and the employee in whose favour such direction is issued shall be deemed to be an employee of such institution from the date of the order of appointment issued by the Committee to him or from the expiry of a period of two months from the date of service of the direction on the Committee of Management under sub-section (1), whichever is earlier.
(ii) the period of substantive service rendered by such employee in any institution before the date of his retrenchment shall be counted for the purposes of his seniority and pension.
(iii) where the employee concerned fails to join the post within the time allowed therefor, the benefits of this section shall not be available to him.
(4) Any person aggrieved by the direction issued under subsection (1) may make a representation to the Director within one month from the date of service on him of such direction and the order of the Director thereon shall be final.
(5) The provisions of this section shall have effect notwithstanding anything contained in any other provisions of this Act or any other law for the time being in force.
2[(6) Nothing in this section shall apply to an institution established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India.]
Explanation — For the purposes of this section —
(a) ‘employee’ in relation to an institution means a teacher, head of institution or other employee thereof holding a permanent post on the date immediately preceeding the date of retrenchment ;
(b) ‘institution’ includes a training institution recognized by the State Government or the Director ;
(c) retrenchment in relation to an employee of an institution means the termination of his services for any reason other than resignation, retirement or removal by way of punishment inflicted in disciplinary proceedings. ]1
Provided that in the case of an employee retrenched on or after the date of such commencement the Regional Deputy Director of Education may issue directions under this section without any application from the employee concerned.
(2) Every application referred to in sub-section (1) shall be made within six months from the date of commencement of the Intermediate Education (Amendment) Act, 1980.
(3) Where any direction is issued by the Regional Deputy Director of Education under sub-section (1) the following consequences shall ensure, namely :—
(i) the Committee of Management of the institution concerned shall be bound to comply with every such direction and the employee in whose favour such direction is issued shall be deemed to be an employee of such institution from the date of the order of appointment issued by the Committee to him or from the expiry of a period of two months from the date of service of the direction on the Committee of Management under sub-section (1), whichever is earlier.
(ii) the period of substantive service rendered by such employee in any institution before the date of his retrenchment shall be counted for the purposes of his seniority and pension.
(iii) where the employee concerned fails to join the post within the time allowed therefor, the benefits of this section shall not be available to him.
(4) Any person aggrieved by the direction issued under subsection (1) may make a representation to the Director within one month from the date of service on him of such direction and the order of the Director thereon shall be final.
(5) The provisions of this section shall have effect notwithstanding anything contained in any other provisions of this Act or any other law for the time being in force.
2[(6) Nothing in this section shall apply to an institution established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India.]
Explanation — For the purposes of this section —
(a) ‘employee’ in relation to an institution means a teacher, head of institution or other employee thereof holding a permanent post on the date immediately preceeding the date of retrenchment ;
(b) ‘institution’ includes a training institution recognized by the State Government or the Director ;
(c) retrenchment in relation to an employee of an institution means the termination of his services for any reason other than resignation, retirement or removal by way of punishment inflicted in disciplinary proceedings. ]1
1. Ins. by sec. 7 of U. P. Act No. 01 of 1981 2. Ins. by sec. 3 of U. P. Act No. 09 of 1981.