Seniority issue

sharad saxena (Querist) 07 October 2024 This query is : Resolved
Dear SIr,
I Joined as Junior Technical Superintendent (4200/- Grade Pay) in Department 1 in August 2001. The Next promotion in Department 1 is to the post of Technical Superintendent (4600/- Grade Pay) in 2011 after a qualifying service of 10 years.
I opted for Technical Resignation with RIGHT TO LIEN (Five years) from Department 1 in December 2016 to Join same Department 1 as Research Establishment Officer (5400/- Grade Pay) for a tenure of 5 years. After my term got over, I joined back to my original position as Technical Superintendent on 15 December 2021.
In this scenario I lost my seniority, all my batch mates were promoted as Sr. Technical Superintendent w.e.f. 01.01.2018. Where as I was promoted as sr. Technical Superintend w.e.f. 01/01/2022.
What will be my seniority? I am likely to be promoted in 01.01.2018. What will be my seniority in the Promoted cadre of Sr. Technical Superintendent?
Regards
Sharad

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Quick Summary

This discussion addresses a seniority issue arising from a technical resignation with a right to lien. The individual resigned from a Junior Technical Superintendent role to take up a Research Establishment Officer position, retaining lien rights. Upon returning to their original department, their seniority was affected, leading to a delayed promotion compared to batchmates. Advice suggests that seniority can be claimed due to the lien period, recommending a departmental representation and, if necessary, an appeal to the Central Administrative Tribunal (CAT).

T. Kalaiselvan, Advocate (Expert) 07 October 2024
You can claim seniority for the purpose of promotion because you were on lien during the interim period.
you can make a representation to the department hear through proper channel and seek remedy and relief.
If your application for restoring your seniority with effect from the actual due date is not entertained you may approach CAT with an application seeking intervention, relief and remedy.

kavksatyanarayana (Expert) 07 October 2024
Yes. You shall submit a representation to the next higher authority of the department for your seniority and if not fruitful you may approach CAT.

P. Venu (Expert) 22 October 2024
DoPT instructions provide as follows -
"8. Seniority
On technical resignation seniority in the post held by the Government servant
on substantive basis continues to be protected. However, in case of a Government
servant deciding to rejoin his substantive post, the period spent in the another
Department which he had joined after submitting his technical resignation will not
count for minimum qualifying service for promotion in the higher post."
Please see https://documents.doptcirculars.nic.in/D2/D02est/Lien%20DraftKdaDv.PDF

As such, the crucial issue whether you had served the qualifying period while joining the other post on technical resignation?

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