2010-Estt.(C) dated
17.08.2016 has mentioned in paragraph 3.4 about
termination of lien, which is reproduced below:-
"3.4 Termination of Lien ... irrespective of the fact when the order of
termination of lien was issued as the same becomes
effective only from the date of absorption
said post. "The word 'lien' is a generic term and,
standing alone, it includes lien acquired by way of
contract ... relating to
582 persons receiving differential treatment. Acquisition of lien,
suspension of lien and termination of lien are matters, which are dealt
with
Lien
Lien represents the right/title of a Government
employee to hold a regular post, whether permanent
or temporary either immediately or on the
termination ... time of
forwarding of his application to other
department/offices....
Termination of Lien
9. A Government servant's lien on a post
hence,
pension became due under the Pension Rules on termination of
lien and applicant had not resigned, surrendered his right or was
informed of penal ... explanations
offered for such absence. Rather than the rule resulting in
automatic termination, as contended by the petitioner, we
are of the opinion that
then he acquires a lien against a
latter post. Then and then alone, the lien against the
previous post disappears. Lien connotes the right ... permanent post. It may not require a formal
termination of lien over the previous permanent
post."
32. While explaining the word „lien
then he acquires a lien against the latter post.
Then and then alone the lien against the previous post
disappears. Lien connotes the right ... permanent post. It may not
require a formal termination of lien over the previous
question as to
whether request letter of the petitioner for termination of lien can be
treated as a technical resignation or a resignation
completed his lien of two years in A&N
Administration. It is further submitted that the date of completion
of lien or the date ... either by the applicant or by A&N Administration regarding
termination of lien and absorption of the applicant. It was
specifically submitted that
along
with letter of appointment ibid), you have lost your lien on
your appointment as Telex-cum-Teleprinter Operator in the
WP(C) 17858/2004 ... Statement of Claim, before the Labour Court, essentially contending
that the termination, of his services, by the petitioner, vide order dated
10th November, 1991 (supra
observe that in service jurisprudence the field
regarding appointment or termination including the lien on the
7
"post" held substantively on which ... expression "lien" given in Rule 9(13)
of the Madhya Pradesh Fundamental Rules. Expression "lien"
reads thus:-
"Lien" means