Lien in joining central govt. from state govt.
Querist :
Anonymous
(Querist) 30 June 2024
This query is : Resolved
I was in up government inter college and took lien to join central government (customs) later on while proceeding for reversion they are saying show me the rule/Government order which talks about authenticity of lien to join central government from state Government, kindly either provide rules/government order or atleast tell me my lien is valid or not
T. Kalaiselvan, Advocate 
(Expert) 30 June 2024
First of all you ascertain whether your resignation was technical or not, if yes, whether you were permitted lien period or not.
Clarify the details and revert with proper details
Querist :
Anonymous
(Querist) 30 June 2024
Respected sir my resignation was technical resignation with lien, my principal had accepted my tr+lien and a copy was sent to DIOS, later on when I applied for reversion in my department, my principal replied to dios that we have no issues in joining back of employee, but they are not signing as the dios is changed he is saying I want a document properly stating that up state government employee can get lien while joining central govt.
T. Kalaiselvan, Advocate
(Expert) 30 June 2024
You may ask the authority to give it in writing the reasons for rejecting your request for this purpose and then you can aproach the CAT or SAT which ever is applicable for relief and remedy
Querist :
Anonymous
(Querist) 30 June 2024
Respected sir I will definitely do that, but I just wanna assure myself that does up government employees can hold lien to join central government or not??
Those officers are not responding to me and they are just delaying things, so for the period they are not responding I wanna give myself hopes, kindly reply to it
T. Kalaiselvan, Advocate
(Expert) 30 June 2024
As far as lien is concerned you can get to know about it in the orders granting you permission for technical resignation itself.
As per DOPT circular: A Government servant's lien on a post may in no circumstances be terminated even with his consent if the result will be to leave him without a lien upon a permanent post. Unless his lien is transferred, a Government servant holding substantively a permanent post retains lien on that post.
Sudhir Kumar, Advocate
(Expert) 02 July 2024
You can use RTI to know the copy of the rule under which you re being prevented from joining back.
Th lien was certainly allowed in UP Govt that is why there was technical resignation and lien.
Querist :
Anonymous
(Querist) 02 July 2024
Even sir on manav sampada portal my status is exited on lien, still they are doing such things, they demanded some favor initially which I denied, later they said we will do it and now they are like we are doing, we are not certain of rules, we have asked for directions from joint director office, things take time etc etc and after lots of efforts now they are saying we are aware of lien in intra state joining but not of lien in jobs outside state.. If any judgement, any rule stating clear things that can be helpful in my situation
Querist :
Anonymous
(Querist) 02 July 2024
Sir I have put multiple rti in last 4 months, no one replies not even to first appeal, I had also lodged complaint in upsic website and lodged second appeal but no one is replying, state rti system is not efficient as of central
T. Kalaiselvan, Advocate
(Expert) 02 July 2024
Don't straight away go for judgment even before taking any action on the subject legally.
Firstly you collect the details of the efforts you've put and results or grievances.
You can then approach CAT or SAT with an application venting out your grievances and seek relief.
There is no point in repeatedly approaching this forum with irrelevant topics.
Instead better consult an advocate with experience in service law and proceed as suggested.
P. Venu
(Expert) 23 July 2024
As far as Central Government employees are concerned, Lien is defined in FR 9(13). It represents the right of a Government employee to hold a regular post, whether permanent or temporary, either immediately or on the termination of the period of absence. The benefit of having a lien in a post/service/cadre is enjoyed by all employees who are confirmed in the post/service/cadre of entry or who have been promoted to a higher post, declared as having completed the probation where it is prescribed. It is also available to those who have been promoted on regular basis to a higher post where no probation is prescribed under the rules, as the case may be.
Compendium of instructions, as applicable to the Central Government employees, have been spelt out in the DoPT OM dated 24th November, 2022 which could be accessed at https://doptcirculars.nic.in/OM/ViewOM.aspx?id=279&headid=14.
However, in the given facts your lien would be governed by the norms notified by the State Government.
