Kerala High Court
Gracen Charles vs State Of Kerala on 28 October, 2000
Author: K.A. Abdul Gafoor
Bench: K.A. Abdul Gafoor
JUDGMENT K.A. Abdul Gafoor, J.
1. The petitioner is presently working as Medical Officer (Netra). She is in that post since 1.8.1996, on appointment on substantive basis and on advise by the Public Service Commission, as she was an approved candidate for such appointment. In terms of R. 3 of the KS & SSR being an appointee on advise by the P.S.C., that is a substantive appointment against a post on the cadre strength and thereby the petitioner acquires a lien in that post. At the time of that appointment, the petitioner had been working as Medical Officer (Ayurveda) in the same service from 11.6.1990 onwards. The post the petitioner occupied from 1.8.96 is a higher post than the Medical Officer (Ayurveda) taking, into account the pay scale. Both the posts are in the same service. The petitioner, due to inconvenience felt by her requested to revert back to the post of Medical Officer (Ayurveda). It was examined in the light of R. 8 of KS & SSR and was turned down on the ground that the petitioner was never been absent from the service. She was present in either of the two posts at all point of time in the service. The order was passed as per Ext. P3. This is assailed in this O.P.
2. When it is admitted that both the posts are in the same service, R. 8 cannot be applied to come over the earlier post because R. 8 applies only in the case of the absence of a member of service from duty. The petitioner had never been absent from duty in the service even for a single day. In such circumstances assistance cannot be drawn from R. 8, to revert back to the post of Medical Officer (Ayurveda).
3. It is further submitted that the petitioner had acquired a permanent lien as Medical Officer (Ayurveda) on appointment on 11.6.1990. That lien cannot be cut off merely because of appointment as Medical Officer (Nethra) on 1.8.1996. Therefore the petitioner can go over to that post. This contention also cannot be accepted because the appointment as Medical Officer (Netra) on 1.8.1996 was on substantive basis. On appointment against a post on substantive basis, one acquires a lien on that post. On acquiring a lien over a post, all the lien the incumbent had earlier got terminated. As per R. 16 Part I K.S.R. an officer on substantive appointment to a permanent office acquires a lien on that post and ceases to hold any lien previously acquired on other post. Thus on the petitioner's substantive appointment as Medical Officer (Nethra), consequent on advise by the PSC, on 1.8.96, the lien the petitioner did have as Medical Officer (Ayurveda) got terminated. He ceased to hold lien on that post from the date of appointment on substantive basis as a Medical Officer (Nethra). So the petitioner cannot revert back as Medical Officer (Ayurveda), depending upon the lien that he had once against the post of Medical Officer (Ayurveda).
4. O.P. fails and is dismissed.