Difference b/w substantive and permanent appointment
amir haider
(Querist) 23 February 2012
This query is : Resolved
Hello,
Please explain the difference between substantive appointment and permanent appointment in Govt service?
Guest
(Expert) 23 February 2012
Official term for appointment on permanent basis is "substantive" appointment. So, there is no difference between these terms.
Deepak Nair
(Expert) 23 February 2012
Hope the querist is satisfied.
@ Dhingra Sir,
Thanks, I could learn something new.
amir haider
(Querist) 23 February 2012
can u please further explain this rule for me as i m not been able to understand this?
A government servant cannot be appointed substantively, except as a temporary measure, to two or more permanent posts at the same time.
what is meant by the word substantively and permanent post? please explain.
Guest
(Expert) 23 February 2012
Dear Deepak,
You are welcome. I always try to share my lnowledge, whatever I have with me, if that can benefit anyone.
Guest
(Expert) 23 February 2012
Dear Haider,
What you asked was replied appropriately. Instead of posting supplememtary question, you could well have posted your complete query in one go.
Anyway, in any Government organisation, there are two types of posts, (1) permanent posts, and (2) temporary posts. While temporary posts are sanctioned for a specified limited period and are liable to be abolished or made permanent later after expiry of the specified period, but the permanent post cannot be abolished. A new recruit in most cases are appointed temporarily in an officiating capacity till he is substantively appointed against some vacant permanent post. While working in temporary capacity his services can also be terminated after observing some prescribed simple formalities. When he is appointed substantively against any post, he holds a lien on that post, irrespective of whether he is working against another post. That means, being substantively appointed, he holds that post permently, while he officiates on another post, as a temporary measure from where he can be reverted any time to his own post where he holds a permanent lien.
Another example, suppose you are working against some post in a substantive capacity and you are ordered to hold charge of a another post, may be at senior level or equivalent level and again you are promoted to another post, you cannot claim to be appointed permanently (substantively) against the other post in addition you your own substantively held post until you are made permanent (substantive) against any of those post on your own turn keeping due regard to your seniority and fulfillment of other eligibility conditions. You automatically vacate lien on your previously held substantive post on your substantive appointment to any other post. That means you cannot be appointed permanently on two or more posts at the same time. Thus, you can be sppointed to work only on temporary measure on posts other than your own permanent post.
N.K.Assumi
(Expert) 23 February 2012
Agreed with Sir, PS Dhingra, and I would also like to add that, In Service Jurisprudence a post could be temporary or it could be permanent or it could be created for a definite period to meet a definite contingency. If an incumbent is appointed after due process of selection either to a temporary post or a permanent post and such appointment not being either stop-gap or fortuitous, could be held to be on substantive basis. But if the post itself is created only for a limited period to meet a particular contingency, and appointment thereto is made not through any process of selection but on a stop-gap basis then such an appointment cannot be held to be on substantive basis. The expression substantive basis is used in the Service Jurisprudence in contra-distinction with ad hoc or purely stop-gap or fortuitous.
