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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.

The absence in this case is attributable to their having been borne on the cadre of Assistant Statistical Investigators with effect from 4.9.1971. Apart from this, the absence for any other reason in rule 9 of the Genera Rules would connote such absence on grounds similar or akin to the member being on leave or on foreign service or on deputation and would not comprehend a case like the present where the absence from, service is owing to the member having become https://www.mhc.tn.gov.in/judis W.A.(Md).Nos.1468 of 2017 etc., batch part of another cadre, namely, Assistant Statistical Investigators. Under those circumstances, rule 9 of the General Rules cananot at all the applied to give the benefit of a paper promotion to respondents 3 to 53 in W.P. No. 2727 of 1979 and respondents 3 and 4 in W.P. No. 5772 of 1979 from Junior Assistant to Assistant with effect from anterior dates with a view to make them seniors to direct recruits, like the petitioner. In view to make considerations pointed out above, there is no need for the termination of the lien as contended by the learned Additional Government Pleader, for, on their temporary entry into the cadre of. Assistant Statistical Investigators and the subsequent regularisation of their services in that cadre, the lien, which they had earlier in the post of Junior Assistant, came to an end if at all, they can claim to have such a lien over the post of Assistant Statistical Investigator thereafter and not over the post of Junior Assistant since rule 9 of the General Rules is inapplicable on the facts and circumstances of this case, the impugned orders invoking that rule and giving the benefit of a paper promotion to respondents 3 to 53 in W.P. No. 2727 of 1979 and respondents 3 and 4 in W.P. No. 5772” of 1979 are clearly unsustainable.

https://www.mhc.tn.gov.in/judis W.A.(Md).Nos.1468 of 2017 etc., batch

29. Mrs.Dakshayani Reddy, learned Senior Counsel would also draw our attention to the Judgment of the Hon'ble Supreme Court in Dr.S.K.Kacker Vs. All India Institute of Medical Sciences and another reported in (1996) 10 SCC 734, wherein, the Hon'ble Supreme Court on the question of acquisition of lien and termination of lien considering Clause (d) of Fundamental Rule 14A, held as follows:-

55. Again in the State of Rajastan and another Vs.S.N. Tiwari and others cited supra the Hon'ble Supreme Court referred to Rule 18 of the Rajastan Service Rules which is akin to Rule 14 A of the Fundamental Rules of Tamil Nadu Government and held that the termination of lien is automatic on acquiring lien in another substantive post.

56. Again in the State of Tamil Nadu Vs. Nagaraj cited supra, a Division Bench of this Court had considered Fundamental Rule 14A and https://www.mhc.tn.gov.in/judis W.A.(Md).Nos.1468 of 2017 etc., batch concluded that the Government servant who is holding the substantive post acquires the lien over that post and such lien gets terminated upon his being appointed to another post. We are therefore unable to accept the submission of Mrs.Nalini Chidambaram, learned Senior Counsel to the effect that unles there is an order terminating the lien the lien will continue.