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Lalrammawia Sailo   19 September 2019

Lien in Govt. Job in India

Sir,
Suppose if a State govt.servant joins another Department in the same state having the same pay, through induction,say on January 2017 and hold a lien for 2 years....
After the expiry of 2 years i.e. January 2019 he did not revert to the parent department where he is borne.
No one was appointed in his post in his parent dept. since the day he was inducted i.e January 2017. But as his lien got expired after 2 years his vacated post is to be filled up by promotion of juniors in his parent department....
The question is what should be considered the effective year of regular vacancy as he was holding a lien for 2 years in his parent department...
Should it be January 2017 or January 2019... In either case what is the Rule and Section in Acts that may justify the case.... Please..... If it is January 2017 then the induction lien years are retrospectively treated as vacant....


Learning

 2 Replies

Isaac Gabriel (Advocate)     19 September 2019

You cannot aexpect the post to be kept vacant or filled up is not the criterion. There is also no relevance in relieving a person and keeping the post vacant. It is the prerogatiove of the authority to decide owing to exigencies. You cannot also claim as a right to revert back.Stte service is one for the entire state irrespective of the department where he woks and all service benefits will accrue  for your service.

Sudhir Kumar, Advocate (Advocate)     06 October 2019

Dis he join new service on a regular post?


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