(1) The qualifications required for appointment as teachers and other members of the staff of aided educational institutions and their conditions of service relating to salary, leave, pension, provident fund, age of retirement, disciplinary action and other matters shall be as may be prescribed:
1[Provided that the terms and conditions of service prescribed in respect of teachers and other members of the staff who, on the constitution of a common cadre, have been, absorbed in such cadre, shall not in any way be less favorable than the terms and conditions which were applicable to them immediately prior to such constitution.]
(2) The State Government may constitute a Selection Board consisting of such members as may be prescribed.
(3) The Selection Board shall prepare in the prescribed manner a list of candidates for appointment as teachers in aided educational institutions and all such appointments shall be made in accordance with the rules made in that behalf from out of the candidates included in the list so prepared.
1. Added by the Orissa Education (Amendment) Act, 1978 (Or. Act 13 of 1978), s. 2.
2[10-A. Services of teachers of aided institutions not to be terminated without approval.- (1) The services of a teacher of an aided educational institution shall not be terminated without obtaining the prior approval in writing of the-
(a) 3[Director], in the case of a teacher of a college; and
(b) Circle Inspector of Schools having jurisdiction, in the case of teacher of a School.
(2) Every order passed by the Director or Circle Inspector, as the case may be, either according approval or refusing to accord approval under subsection (1) shall be communicated to the parties concerned within three months of the reference.
(3) Any person aggrieved by an order passed under sub-section (1) may prefer an appeal to the Tribunal within one month from the date of receipt of the order.]
1[10-B. Certain institutions net entitled to aid.- Without prejudice to any other provision of this Act, no educational institution shall be entitled to receive any and or grant from the State Government if its managing committee or Governing Body or Secretary acts in contravention of the provisions of sections 10-C and 10-D or of any order issued thereunder and the recognition granted to the educational institution may, on such contravention, be withdrawn by the State Government.
10-C. Constitution of common cadre and its consequences.- (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.
(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) The option shall be exercised in writing and shall be filed with the Director or the Inspector of Schools, as the case may be.
1. Inserted by the Orissa Education (Amendment) Act, 1978 (Or. Act 13 of 1978), s. 3.
2. Inserted by the Orissa Education (Amendment) Act, 1974 (Or. Act 17 of 1974), s. 3.
3. Substituted by the Orissa Education (second Amendment) Act, 197 (Or.
Act 31 of 1978), s. 3.
(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) 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 Felten 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) 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) 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) Where the services of any person have been terminated under subsection (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 he 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- Amount to be paid
(a) where the continuous service rendered by him by the date of termination exceeds ten years. Pay for the remaining period of service or for six monts, whichever is less;
(b) Where such serves done 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.
Explanation:- For the purposes of this sub-section, "Pay" shall include dearness allowance and other ad-hoc additions to pay by way of interim relief that may be admissible.
(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:- Period to be added
(i) Where the period of actual qualifying service dose not exceed five years. One year
(ii) Where such period exceeds five years but dose not exceed ten years. Two years
(iii) Where such period exceeds ten years but dose not exceed fifteen years. Three years
(iv) Where such period exceeds fifteen years. Four years.
10-D. Government's power to issue orders during the period of transition.- The State Government may, if satisfied that the expediency of the circumstances so requires, by general or special order, provide for any matter necessary, ancillary or incidental to the constitution and working of the common cadre for which this Act makes no provision or makes insufficient provision:
Provided that no such order shall he issued after expiry of two years from the date of constitution of the said common cadre.]