Madhya Pradesh High Court
Babulal Bhura vs The State Of Madhya Pradesh Thr. ... on 29 April, 2026
1 NEUTRAL CITATION NO. 2026:MPHC-IND:12171
W.P. No. 14208/2024
IN THE HIGH COURT OF MADHYA
PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE JAI KUMAR PILLAI
WRIT PETITION No. 14208 of 2024
BABULAL BHURA
Versus
THE STATE OF MADHYA PRADESH THR. PRINCIPAL
SECRETARY AND OTHERS
Appearance:
Shri Yash Nagar - Advocate for the petitioner.
Shri Ayushyaman Choudhary -GA for the respondents/State.
Reserved on : 15/04/2026
Post on : 29/04/2026
______________________________________________________
ORDER
1. The present petition has been filed by the petitioner under Article 226 of the Constitution of India, invoking the extraordinary Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 4/29/2026 5:37:50 PM 2 NEUTRAL CITATION NO. 2026:MPHC-IND:12171 W.P. No. 14208/2024 writ jurisdiction of this Court to seek redressal against the administrative actions of the respondents.
2. The petitioner primarily seeks the issuance of a writ of mandamus or any other appropriate writ to quash the impugned order dated 06.05.2024 passed by Respondent no. 5. Further, the petitioner seeks a direction to the respondents to allow him to retain his permanent service on the post of Middle School Teacher, along with backwages from the date of his first representation, i.e., 31.03.2023.
Facts of the Case
3. The petitioner was initially appointed on the post of Samvida Vyayam Shikshak on 04.08.2003. His services were subsequently merged into the Adhyapak Samvarg on 01.04.2007, and he was further merged on the post of Middle School Teacher vide order dated 16.03.2018 passed by Respondent no. 2.
4. Thereafter, the petitioner appeared for a competitive examination and was selected as a Librarian on probation in the Higher Education Department vide order dated 06.12.2019. Consequently, he was relieved by Respondent no. 6 on 09.12.2019 and by Respondent no. 5 on 19.12.2019 to join the new post at Government College, Bhabra.
Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 4/29/2026 5:37:50 PM3 NEUTRAL CITATION NO. 2026:MPHC-IND:12171 W.P. No. 14208/2024
5. While serving on probation as a Librarian, the petitioner decided to retain his previous job as a Middle School Teacher by exercising his right to lien. He submitted representations to Respondent no. 5 on 31.03.2023, 21.04.2023, and 16.08.2023, which remained pending.
6. The petitioner earlier approached this Court via W.P. No. 6309/2024, wherein this Court, vide order dated 13.03.2024, directed Respondent no. 5 to decide the representation within 45 days. In compliance, Respondent no. 5 passed the impugned order dated 06.05.2024, rejecting the petitioner's representation on the ground that his two-year probation period as Librarian had ended, extinguishing his right to lien on the previous post.
Contentions of the Petitioner
7. The petitioner contends that the impugned order dated 06.05.2024 is arbitrary, unjust, and contrary to the settled principles of law. It is submitted that the respondent authorities wrongly interpreted the completion of the two-year probation period as tantamount to permanent absorption on the post of Librarian.
8. It is further argued that as per Rule 8(7) of the M.P. Civil Services (General Conditions of Service) Rules, 1961, a probationer who has neither been confirmed nor issued a certificate in his favour shall be deemed to be a temporary Government Servant.
Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 4/29/2026 5:37:50 PM4 NEUTRAL CITATION NO. 2026:MPHC-IND:12171 W.P. No. 14208/2024 Since the petitioner was never permanently appointed to the post of Librarian, his right to lien on the post of Middle School Teacher survives.
9. The petitioner emphasizes that his resignation letter dated 08.02.2023 was never accepted by Respondent no. 7. Relying upon the judgment of the Hon'ble Apex Court in the case of L.R. Patil vs. Gulbarga University, Gulbarga (Civil Appeal No.3254/2013), the petitioner asserts that a lien on a previous post vanishes only when an employee is appointed on a permanent post on a substantive basis.
Contentions of the Respondents
10. Per contra, the respondents contend that the petitioner voluntarily applied for resignation upon his selection as a Librarian, which was duly accepted, leading to his relieving on 09.12.2019. Having been relieved upon his own application to join a new post, the petitioner cannot now turn around and claim rights over his earlier post.
11. The respondents submit that the impugned order dated 06.05.2024 is a well-reasoned and speaking order. As per Rule 22 of the Madhya Pradesh Shaikshanik Seva (Mahavidyalayee Shakha) Niyam 1990, the petitioner was appointed on probation for two Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 4/29/2026 5:37:50 PM 5 NEUTRAL CITATION NO. 2026:MPHC-IND:12171 W.P. No. 14208/2024 years. He had completed this period and worked for an additional one and a half years before seeking reversion.
12. It is strictly maintained by the respondents that permitting the petitioner to rejoin the post of Middle School Teacher at this stage would amount to a back-door entry. The petitioner was appointed to a sanctioned post following a proper selection process, and there is no procedural provision for the reinstatement of an employee who has already been relieved upon his own request.
Analysis and Conclusion
13. Heard the contentions and perused the record. The jurisdiction of this Court under Article 226 of the Constitution of India in such matters is well-defined. The core issue falling for consideration, as per the specific contours of this dispute, is whether the petitioner's lien on his substantive post of Middle School Teacher automatically ceased upon the mere completion of the stipulated probation period on the new post of Librarian.
14. The concept of 'lien' is deeply embedded in service jurisprudence, acting as a safeguard for government servants exploring new avenues within the state machinery. The dispute hinges on whether a formal confirmation or permanent absorption on the new post is an absolute prerequisite to extinguish the lien on the parent department post.
Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 4/29/2026 5:37:50 PM6 NEUTRAL CITATION NO. 2026:MPHC-IND:12171 W.P. No. 14208/2024
15. The law in this regard has been conclusively settled by the Hon'ble Supreme Court in the case of L.R. PATIL Versus GULBARGA UNIVERSITY, GULBARGA (CIVIL APPEAL NO. 3254 OF 2013). The relevant portion is reproduced as under:-
"17. In a 3-Judge Bench judgment in the case of "State of Rajasthan and Another Vs. S.N. Tiwari and Others, (2009) 4 SCC 700", while interpreting the word „lien‟ against the post appointed substantively with respect to another post, this Court held as thus:
"17. It is very well settled that when a person with a lien against the post is appointed substantively to another post, only then he acquires a lien against the latter post. Then and then alone the lien against the previous post disappears. Lien connotes the right of a civil servant to hold the post substantively to which he is appointed. The lien of a government employee over the previous post ends if he is appointed to another permanent post on permanent basis. In such a case the lien of the employee shifts to the new permanent post. It may not require a formal termination of lien over the previous permanent post."
Similarly in the case of "State of Madhya Pradesh and Others Vs. Sandhya Tomar and Another, (2013) 11 SCC 357", this Court held that the lien is a civil right of a civil servant to hold the post to which he is appointed substantively. The relevant part of the order is reproduced below as thus -
Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 4/29/2026 5:37:50 PM7 NEUTRAL CITATION NO. 2026:MPHC-IND:12171 W.P. No. 14208/2024 "10. "Lien" connotes the civil right of a government servant to hold the post "to which he is appointed substantively". The necessary corollary to the aforesaid right is that such appointment must be in accordance with law. A person can be said to have acquired lien as regards a particular post only when his appointment has been confirmed, and when he has been made permanent to the said post. "The word „lien‟ is a generic term and, standing alone, it includes lien acquired by way of contract, or by operation of law." Whether a person has lien, depends upon whether he has been appointed in accordance with law, in substantive capacity and whether he has been made permanent or has been confirmed to the said post."
All the aforesaid judgments have been duly considered again by this Court in another 3-Judge Bench judgment in the case of Sitikanatha Mishra (supra). Thus, 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."
16. Applying the aforesaid binding principles to the facts at hand, it is evident that Respondent no. 5 erred in law by conflating the mere completion of a chronological probation period with substantive confirmation. As per the statutory mandate of Rule 8(7) of the M.P. Civil Services (General Conditions of Service) Rules, 1961, a probationer who is neither explicitly confirmed nor issued a Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 4/29/2026 5:37:50 PM 8 NEUTRAL CITATION NO. 2026:MPHC-IND:12171 W.P. No. 14208/2024 certificate in his favour is deemed to be a temporary Government Servant. Since the petitioner was never formally confirmed or permanently absorbed on the post of Librarian after joining on 06.12.2019, he legally remained a temporary servant. Consequently, the mandatory condition for the cessation of a lien namely, a substantive appointment on a permanent basis as laid down in L.R. Patil (supra) was never fulfilled, thereby keeping the petitioner's lien on the post of Middle School Teacher fully intact.
17. In view of the foregoing analysis, the impugned order cannot withstand judicial scrutiny. The action of the respondents in rejecting the petitioner's representation runs contrary to the settled legal mandate surrounding the retention of a lien.
18. Consequently, the Writ Petition is allowed. The impugned order dated 06.05.2024 is hereby quashed. Respondent no. 5 is directed to allow the petitioner to retain his permanent service on the post of Middle School Teacher. However, applying the principle of 'no work no pay', the petitioner shall only be entitled to notional continuity of service from 31.03.2023 for the purpose of seniority and pensionary benefits, and the prayer for actual backwages is denied.
19. Pending applications, if any, are disposed of accordingly.
No order as to costs.
Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 4/29/2026 5:37:50 PM9 NEUTRAL CITATION NO. 2026:MPHC-IND:12171 W.P. No. 14208/2024 (Jai Kumar Pillai) Judge hk/ Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 4/29/2026 5:37:50 PM