Constitution of common cadre and its consequences

C.

1. (1) The State Government may, by order, constitute a common cadre in relation to all or any class of employees of all or any category of aided educational institutions, as may be specified in the order: Provided that the State Government may constitute a common cadre in relation to all or any class of employees of all or any category of aided High Schools or Upper Primary Schools for the whole State or for any education circle as may be specified in the order.
2. (2) Before constitution of a common cadre under sub-section (1) the Director in cases of Colleges, and the Inspector of Schools having jurisdiction, in cases of schools, shall furnish detailed information relating to the terms and conditions of service prescribed for such cadre to every employee belonging to that cadre with a notice requiring him to exercise his option within such period, not being less than thirty days and more than forty five days, as may be specified therein, for absorption or otherwise in such cadre.
3. (3) The option shall be exercised in writing and shall be filed with the Director or the Inspector of Schools, as the case may be.
4. (4) Any employee who fails to exercise his option within the aforesaid period shall be deemed to have opted for being absorbed in the common cadre.
5. (5) Where an employee of an educational institution exercises his option for not being absorbed in the common cadre, the managing committee or, as the case may be, the governing body of the institution shall terminate the services of such employee within fifteen days from the date of receipt of an intimation to that effect from the Director or, as the case may be, the Inspector of Schools; and the provisions of section 10-A shall not apply to any such termination.
6. (6) An employee belonging to a common cadre may be transferred from one institution to another by the prescribed authority and in the prescribed manner.
7. (7) Whenever an employee belonging to a common cadre is posted or transferred to an institution, the managing committee or, as the case may be, the governing body of that institution shall be bound to employ him in the service of the institution and to pay all amounts due to such employee on account of his pay, allowances and other dues from out of its fund or from the aid received, directly or otherwise, from the State Government, and he shall be deemed to be an employee of such institution for all purposes.
8. (8) Where the services of any person have been terminated under sub-section (5), he shall, without prejudice to his claims to any leave, provident fund, gratuity or other benefits, if any, as an employee of an aided educational institution to which he may be entitled on his retirement or termination of service had the common cadre not been constituted, be paid by the managing committee, or as the case may be, the governing body of the aided educational institution in which he last served, an amount determined in the following manner:— 1. In case of a permanent employee—
   • (a) where the continuous period of service rendered by him by the date of termination exceeds ten years. Pay for the remaining period of service or for six months, whichever is less ;
   • (b) where such service does not exceed ten years. Pay for the remaining period of service or for three months, whichever is less ;

2. In the case of a temporary employee. Pay for one month.

1. (9) For the purposes of calculating gratuity, if any, payable to any permanent employee whose services have been terminated under sub-section (5), the period of qualifying service of such employee shall be increased by the period calculated on the basis provided hereunder:—
   • (i) Where the period of actual qualifying service does not exceed five years. One year
   • (ii) Where such period exceeds five years but does not exceed ten years. Two years
   • (iii) Where such period exceeds ten years but does not exceed fifteen years. Three years
   • (iv) Where such period exceeds fifteen years. Four years