MG N RAO (assistant registrar) 02 June 2016

Lien

1. A person who is confirmed in a post after 10.5 years joins another organisation in response to an open advt and while being in that job he once again applies for a similar position in another organisation and moves during probationary period itself. while that being the case he is terminated at the new post citing that your appointment is illegal or unauthorised as you have not obtained permission from your first employer and we have received a communication from him that your services has to be terminated here. now, the question is what happened to the lien which he had at first employer and mind you he is appointed against a substantive post and does this not amount to termination while on lien as he is only moving from one govt. organisation to another which is mobility which amount to continuous services. If not, what is the way out now. kindly suggest.

Reply Follow

3 Replies

Sudhir Kumar, Advocate (Advocate) 02 June 2016

Long narrative not read. Lies is allowed on substantive posts. He will have lien on same old post.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 02 June 2016

1) If he had retained his lien in writing from the first Govt Organization and joined the second different Organization in a substantive post, then the lien on the first post is continued.

2) The ground on which he is terminated from the later post itself shows no permission was obtained from the first employer. Hence no lien.

3) The laid down rules and procedures if not followed and prior sanction not obtained in writing

cannot construe to be permission and no such inference can be drawn as the later post being

a substantive post, the lien on the former subsists.