1[16-GG. (1) Notwithstanding anything contained in sections
16-E, 16-F and 16-FF, every teacher of an institution appointed
between August 18, 1975 and September 30, 1976 (both dates
inclusive) on ad-hoc basis against a clear vacancy and possessing
prescribed qualifications or having been exempted from such
qualifications in accordance with the provisions of this Act, shall, with
effect from the date of commencement of this section, be deemed to
have been appointed in a substantive capacity, provided such teacher
has been continuously serving the institution from the date of his
appointment up to the commencement of this section.
ExplanationFor the purposes of this sub-section, the period during which any break in service of teacher has occurred between the date of his ad-hoc appointment and the date of commencement of this section for any reason not arising out of his misconduct or his own volition shall be disregarded :
Provided that nothing in this section shall be construed as entitling such teacher to any pay or allowance for any such period of break in his service.
(2) Every teacher deemed to have been appointed in a substantive capacity under sub-section (1) shall be deemed to be on probation from the date of commencement of this section.
(3) Nothing in this section shall be construed to entitle any teacher to
(a) substantive appointment on any post if on the date of commencement of this section, such post has already been filled or selection for such post has already been made in accordance with this Act or the regulations made thereunder ; or
(b) substantive appointment if such teacher was related to any member of the Committee of Management or the Principal or Headmaster of the institution concerned.
Explanation For the purposes of this sub-section, a person shall be deemed to be related to another if
(a) they are members of a Hindu undivided family ; or (b) they are husband and wife ; or (c) the one is related to the other in the manner indicated in the 2[Second Schedule] ]
ExplanationFor the purposes of this sub-section, the period during which any break in service of teacher has occurred between the date of his ad-hoc appointment and the date of commencement of this section for any reason not arising out of his misconduct or his own volition shall be disregarded :
Provided that nothing in this section shall be construed as entitling such teacher to any pay or allowance for any such period of break in his service.
(2) Every teacher deemed to have been appointed in a substantive capacity under sub-section (1) shall be deemed to be on probation from the date of commencement of this section.
(3) Nothing in this section shall be construed to entitle any teacher to
(a) substantive appointment on any post if on the date of commencement of this section, such post has already been filled or selection for such post has already been made in accordance with this Act or the regulations made thereunder ; or
(b) substantive appointment if such teacher was related to any member of the Committee of Management or the Principal or Headmaster of the institution concerned.
Explanation For the purposes of this sub-section, a person shall be deemed to be related to another if
(a) they are members of a Hindu undivided family ; or (b) they are husband and wife ; or (c) the one is related to the other in the manner indicated in the 2[Second Schedule] ]
1. Ins. by sec. 35 of U. P. Act No. 5 of 1977. 2.Subs. by sec. 19 of U. P. Act no. 12 of 1978.