Dr. Sumit Mehta v. Governing Body, Kalindi College And Anr. - (High Court of Delhi) (07 Mar 2017)

Lien of a person on a post lapses on a person acquiring lien on another post

MANU/DE/0620/2017

Service

By instant writ petition, Petitioner seeks the relief of quashing of letter dated 18th January, 2016 whereby Respondent No.1/erstwhile employer/Kalindi College informed Petitioner that since Petitioner has been absorbed on permanent basis by present employer being the University of Rajasthan, hence lien of Petitioner on his post as Lecturer with Respondent No.1 has ceased to exist w.e.f. 25th November, 2015 being date of the permanent absorption of the petitioner with the present employer. Petitioner has been since 25th November, 2015 working as Lecturer, Department of History in Government College in Jaipur, Rajasthan.

As per FR-12-A, lien of a person on a post lapses on a person acquiring lien on another post. Lien is acquired once appointment is on permanent basis and admittedly petitioner stands appointed on permanent basis with the present employer in terms of the office order dated 26th November, 2015 of the present employer.

In view of the fact that, Petitioner has been permanently employed and absorbed with present employer in post of Lecturer, History pursuant to the order dated 26th November, 2015 of present employer, FR-12-A will straight way come into play whereby Petitioner no longer can continue his lien with Respondent no.1. In view of FR-12-A, once Petitioner has got permanent absorption and appointment with the Rajasthan Government for teaching in the State Government College at Sikar, Rajasthan pursuant to the order dated 26th November, 2015 of Rajasthan Government reproduced above, Petitioner acquired lien on the post of Lecturer with the Rajasthan Government and consequently, because of FR-12-A lien of the Petitioner on his post of Lecturer, History with the Respondent no.1 will stand terminated.

FR-12-A is very clear that once there is a permanent absorption in another post of a particular government department, employee’s lien on earlier post will stand extinguished. Therefore, even if there is inaction on behalf of Respondent no.1, this Court cannot violate the law being FR-12-A and which specifically provides termination of a lien of an employee on his acquiring lien on another post and which lien is acquired by Petitioner in present case on account of his permanent absorption as a lecturer with Government of Rajasthan.

Tags : TERMINATION. LIEN ABSORPTION