SC: Lessee Cannot Challenge Eviction After Landowner Withdraws Plea  ||  SC: Appointment Contrary to Recruitment Advertisement Constitutes Fraud on Public  ||  SC: Bribe Given to Intermediary Alone Insufficient to Establish Public Servant's Guilt under PC Act  ||  SC: AO Cannot Revive Assessment Concluded by Settlement Commission under Income Tax Act  ||  SC: Insurer's Office Location Alone can't Confer Jurisdiction for Claim under MV Act  ||  Calcutta HC: Mutual Consent Divorce Justifies Quashing S.498A IPC Cruelty Case under HMA  ||  Delhi HC: Mere 2-Year Delay in Arbitral Award does not Warrant Setting Aside  ||  Kerala HC: Courts can't Insist on Identifying Unknown Parties in John Doe Suits  ||  Supreme Court: Army Must Prove Disability Was Unrelated to Service to Deny Pension  ||  SC: Grant of Fishing Rights by Deed is a Transfer of Immovable Property, Qualifies as Lease    

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  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved