‘Lien’ Of Govt Servants Cease Only When They're Appointed On Another Post ‘Substantively’/Confirmed Or Absorbed Permanently : Supreme Court

The Supreme Court observed that a ‘lien’ of a government servant only ceases to exist when he/she is appointed on another post ‘substantively’/confirmed or absorbed permanently.

Otherwise, his/her lien would continue on the previous post, the bench of Justices JK Maheshwari and KV Viswanathan observed.

In this appeal, the question raised were (1) Whether the order passed by the order passed by Gulbarga University pursuant to Rule 252(b) of Karnataka Civil Service Rules, ‘relieving’ the appellant to accept another appointment as ‘Assistant Registrar’ ought to be treated as an order accepting ‘resignation’, to take up the post on new assignment? (ii) Whether in the facts of the case, on joining the new post, the appellant’s lien on the original/previous post will be continued to be maintained, until he is permanently absorbed in the new department or cadre in which he is subsequently appointed?

The court noted that the lein connotes the right of a civil servant to hold the post substantively to which he is appointed, meaning thereby, the appointment of government servant on the said post must be substantive as he/she cannot hold two posts simultaneously in two different cadres and maintain lien on both of them at the same time.

"As per settled legal position, we observe that ‘lien’ of a government servant only ceases to exist when he/she is appointed on another post ‘substantively’/confirmed or absorbed permanently. Otherwise, his/her lien would continue on the previous post.", the court observed.

The court also observed that the in terms of Rule 252(b) of KCS Rules, 'relieving order' cannot be treated as resignation. The said Rule makes it clear that if another appointment is taken up by a government servant with proper permission, then it cannot be termed as resignation of public service, it added.

The court therefore allowed the appeal and held that the appellant's lien on the original/previous post of ‘Office Superintendent’ shall be maintained and deemed to be continued from the date when he was relieved by respondentUniversity, i.e., 08.04.1993.

L R Patil vs Gulbarga University 2023 LiveLaw (SC) 748 - 2023 INSC 796

Service Law - Lien - ‘Lien’ of a government servant only ceases to exist when he/she is appointed on another post ‘substantively’/confirmed or absorbed permanently. Otherwise, his/her lien would continue on the previous post. (Para 17) 

Karnataka Civil Service Rules ; Rule 252(b) - 'Relieving order' cannot be treated as resignation. The said Rule makes it clear that if another appointment is taken up by a government servant with proper permission, then it cannot be termed as resignation of public service. (Para 20)

Karnataka Civil Service Rules ; Rule 20 Note 4 - As per the language of the said Rule, the lien of a government servant on the previous post stands protected till his or her continuation on probation period on the new post. The intention of the said rule is clear, viz., to protect the past service of the government servant in cases where the government servant is not confirmed or absorbed substantively on the new post on account of his/her failure to satisfactorily complete the probation period or for any other reason. (Para 19)

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