Denial of granting lien
Ashok K Gupta
(Querist) 25 August 2017
This query is : Resolved
I am a confirmed employee (after completing the requisite period of probation) of autonomous body (AB) under MHRD. I have forwarded my candidature for selection in other AB against their advertisement through proper channel. While forwarding my application, my employer stated that "in case of your selection, you will have to resign from the post you are holding", which is written for administrative reasons as per OM No. 28020/1/2010-Estt.(C). The consolidated instruction is available on http://document.ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/28020_1_2010-Estt.C-17082016B.pdf.
Now upon my selection I have tendered my resignation with the request to grant me lien (As learnt it is a right, which is enjoyed by all the confirmed employees), but my employer citing the reason of manpower crunch is denying granting me lien. As I could learn, serving an institute with 6+ years, an employee's loyalty needs to be paid better way and that's why the GoI have framed policies for service matter. Most of the times, these service matters are followed properly by all the ABs, but there are some who enjoys the authority of misinterpreting the same. Coming straight to my query, I may like to put the same as under
"Whether an autonomous body (which follows the rules of government on all service matter) has the discretion to not grant lien to its confirmed employee upon his selection in other autonomous body for higher post. Can really granting lien be denied by the institute citing the crunch of staff? Is it not a violation of fundamental right?
I believe such discretion has been given to the ABs with the aim to look for the welfare of the employee as well as other stakeholders, not to harass the employees.
It would be of immense help, if you could enlighten me with the positions so that I can have some peace of mind.
Looking forward to receiving valued input from the expert in the area.
Ms.Usha Kapoor
(Expert) 30 August 2017
LIEN ON A POST
3. A Government servant who has acquired a lien on a post retains a lien on that post—
(a) while performing the duties of that post:
(b) while on foreign service, or holding a temporary post or officiating in another
post;
(c) during joining time on transfer to another post; unless he is transferred
substantively to a post on lower pay, in which case his lien is transferred to the
new post from the date on which he is relieved of his duties in the old post;
(d) while on leave; and
(e) while under suspension.
4. A Government servant on acquiring a lien on a post will cease to hold any lien previously
acquired on any other post. So once a Government Servant wholly or substantially controlled by central Government or State Govt or Autonomous body which follow rules of central Government acquires Right of lien to post and with his consent also the vested and entrenched Right To Lien to a post of confirmed employee after probation can't be terminated. So it twas illegal on the part o f your parent Department Higher Management to deny you entrenched Right to lien to post after having been selected in a Higher post in different Department and applied fort the post through properer channel to deny your technical resignation citing the excuse of man power crunch which is flimsy isn't legally tenable and valid.. . You've completed probation of two years and served the parent Department.n for a period of 6 yeas and acquired an entrenched right of lien to the post or vested right to lien to the post.
Guest
(Expert) 30 August 2017
Discretion of the competent authority is sacrosanct. You cannot claim lien after resignation as of right.
