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Showing contexts for: termination of lien in Dr. Biswajit Sarma vs The State Of Assam And 4 Ors on 16 May, 2025Matching Fragments
Page No.# 11/25
18. Mr. Gogoi, learned Standing Counsel, submits that the provisions of F.R. 14-A which has been relied upon by the petitioner will not be applicable herein this case because the said provision talks about non termination of lien of a Government Servant on the premises that if such termination would result into leaving the government servant without a lien or a suspended lien upon a permanent post, whereas this is not the case herein. In view of the above facts and circumstances and in the light of the decisions of the Hon'ble Supreme Court, the writ petitions filed by the petitioner are devoid of any merit and is liable to be dismissed.
25. The advertisement issued by Gauhati University for the post of Director, College Development Council pursuant to which the petitioner was appointed as Director prescribed that the appointment will be initially for a period of 5 years. The appointment letter reflects that the nature of the post to be permanent.
Page No.# 14/25
26. As noted hereinabove, upon appointment as Director, College Development Council, Gauhati University, the Government of Assam granted lien to the petitioner for a period of 1 (one) year vide notification dated 25.06.2015. The petitioner held a lien against the post of Associate Professor (Geology) in Jorhat Engineering College and continued to hold the lien. The termination of lien vide impugned notification dated 21.04.2017 shows that the respondent authorities were fully aware that the petitioner held a lien to the post of Associate Professor (Geology) of Jorhat Engineering College and thus, the petitioner could not have acquired a lien against the post of Director, College Development Council, Gauhati University.
39. In S.N. Tiwari (Supra), the Hon'ble Supreme Court has held which is reproduced herein under:
"16. It is not the case of the State that the respondent employee was made permanent as a Homeopathic Doctor in ESI Corporation. The respondent employee did not acquire any lien in the ESI Corporation. The question of termination of lien does not arise since the respondent employee did not acquire a lien on a permanent post outside the cadre on which he is borne.
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.
43. It is 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.