provision is ultra vires to any provision of the constitution or any particular scheme or the aims and object and purpose ... Tribunal at no stage had any vested right nor there is any lien created upon the appointment for the person as a Chairman, Vice-Chairman
consensual lien. The Act of 1872 recognises a bailee's particular lien
in Section 170 , general lien of bankers, factors, wharfingers,
attorneys and policy ... recognises the right of lien of a bailee. The right of lien
is limited to the particular goods bailed to the bailee and arise from
instructions to the cutter/warehouse either to cut the
HR coils in particular sizes or sometimes the applicant used to in turn sell the
said ... dated 1 July 2018 and more particularly on
the basis of Clause 12, namely, "Right of lien" as agreed between the
petitioner
instructions to the cutter/warehouse either to cut the
HR coils in particular sizes or sometimes the applicant used to in turn sell the
said ... dated 1 July 2018 and more particularly on
the basis of Clause 12, namely, "Right of lien" as agreed between the
petitioner
result will be to leave him without a lien or suspended lien upon a permanent post."
In State of M.P. v. Sandhya Tomar2 ... observed that a person can be said to have acquired lien as regards a particular post only when his appointment has been confirmed
which Defendant shall declare on
oath all necessary and better particulars of lien/charge (if any)
created by Defendant in connection with the Commercial Premises
elaborately dealt with the issue
aforesaid i.e the matter of lien in the case of State of M.P. Vs.
Sandhya Tomar as reported ... 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
contractual lien', ''equitable lien', ''specific lien', ''general lien', ''partners lien', etc. In Halsbury ... page 1465) the following passage is found:
"Lien. (1) A lien -- (without effecting a transference of the property in a thing) -- is the right
means is that even if a Government employee holds a
lien on a particular post he has no vested right to continue to
remain ... particular post all the time and could be
transferred to another post, of course within the same cadre,
because his lien is only the title
post on which another Government servant would hold a lien had his lien not been suspended under this rule.
10. A perusal of the aforesaid ... lien of the petitioner and withdrawing the order dated 26.04.2018 by which lien of the petitioner had been extended up to 29.04.2020 more particularly when