Lien
mondira
(Querist) 02 April 2013
This query is : Resolved
SIR,I AM PERMANENT EMPLOYEE OF A CENTRAL GOVERNMENT HOSPITAL AS A STAFF NURSE AND I WAS ON LEAVE FOR THE LAST THREE MONTHS ON EOL(EXTRA ORDINARY LEAVE)AND NOW I WANTED TO APPLY FOR LIEN.I DONOT WANT TO LOOSE MY PERMANENT JOB.SO SIR,COULD IT BE POSSIBLE TO APPLY FOR LIEN?I AM LOOKING FORWARD TO HEAR FROM YOU....
Sudhir Kumar, Advocate
(Expert) 02 April 2013
inspire of long experience I am not able to understand what to you mean. Lien is available to a Govt servant :-
(I) When on leave.
(II) When on deputation to other department.
(III) when called upon to serve in Home Guard or Territorial Army.
(IV) When permanent Govt selected for higher post in another (or even same) department and is yet on promotion to new post.
You can apply for leave till granted.
mondira
(Querist) 02 April 2013
SIR,SIXTH YEAR IS RUNNING.
Raj Kumar Makkad
(Expert) 02 April 2013
You can retain lien for two years and during this period you are required to pay leave salary and pension contribution to parent organisation. Kindly consult Swamy's Hand Book for details,
prabhakar singh
(Expert) 02 April 2013
You assimilate the following rule to check your eligibility if your post is permanent:
SUBSTANTIVE APPOINTMENT AND LIEN
3.11 (a) Two or more Government employees can not be appointed substantively to the same permanent post at the same time.
(b) A Government employee can not be appointed substantively except as a temporary measure, to two or more permanent posts at the same time.
(c) A Government employee can not be appointed substantively to a post on which another Government employee holds a lien.
3.10 Unless in any case it be otherwise provided in these rules, a Government employee on substantive appointment to any permanent post acquires a lien on that post and ceases to hold any lien previously acquired on any other post.
3.11 Unless his lien is suspended under rule 3.14 or transferred under rule 3.16, a Government employee holding substantively a permanent post retaining of lien on that post –
(a) while performing the duties of that post ;
(b) while on foreign service, or holding a temporary post, or officiating in another post ;
(c) during joining time on transfer to another post; unless he is transferred substantively to a post on lower pay; in which case his lien is transferred to the new post from the date on which he is relieved of his duties in the old post ;
(d) except as provided in Note below while on leave other than refused leave granted after the date of compulsory retirement under rule 8.21 ; and
(e) while under suspension.
Note. When a Government employee holding substantively the post of a Chief Engineer of the Public Works Department, takes leave immediately on vacating his post he shall during the leave be left without a lien on any permanent post.
The word “vacate” used in this note refers only to vacation as a result of completion of tenure on attainment of Superannuation.
3.14 (a) A competent authority shall suspension the lien of a Government employee on a permanent post which he holds substantively; if he is appointed in a substantive capacity –
(1) to a tenure post ; or
(2) provisionally, to a post on which another Government employee would hold a lien, had his lien not been suspended under this rule.
(b) A competent authority may, at its option, suspend the lien of a Government employee on a permanent post which he holds substantively if he is deputed out of India or transferred to foreign service, or in circumstances not covered by clause (a) of this rule, is transferred, in an officiating capacity, to a post in another cadre, and if in any of these cases there is reason to believe that he will remain absent from the post on which he holds a lien, for a period not less than three years.
(c) Notwithstanding anything contained in clause (a) or (b) of this rule, a Government employee’s lien on a tenure post may, in no circumstances be suspended. If he is appointed substantively to another permanent post, his lien on the tenure post must be terminated.
(d) if a Government employee’s lien on a post is suspended under clause (a) or (b) of this rule, the post may be filled substantively, and the Government employee appointed to hold it substantively shall acquire a lien on it; Provided that the arrangements shall be reserved as soon as the suspended lien revives.
Note 1. - This clause shall also apply to a post in a selection grade of a cadre.
Note 2. - When a post is filled substantively under this clause, the appointment will be termed “a provisional appointment”; the Government employee appointed will hold a provisional lien on the post ; and that lien will be liable to suspension under clause (a) but not under clause (b) of this rule.
(e) A Government employee’s lien which has been suspended under clause (a) of this rule shall revive as soon as he ceases to hold a lien on a post of the nature specified in sub-clause (1) or (2) of that clause.
(f) Revival of lien: A Government employee’s lien which has been suspended under clause (b) of this rule shall revive as soon as he ceases to be on deputation out of India or on foreign service or to hold a post in another cadre; provided that a suspended lien shall not revive because the Government employee takes leave if there is reason to believe that he will, on return from leave, continue to be on deputation out of India or on foreign service or to hold a post in another cadre and the total period of absence on duty will not fall short of three years or that he will hold substantively a post of the nature specified in sub-clause (1) or (2) of clause (a).
Note - When it is known that a Government employee on transfer to a post outside his cadre is due to retire on superannuation pension within three years of his transfer his lien on the permanent post can not be suspended.
3.15 No termination of lien:
(a) Except as provided in clause (b) and (c) of this rule and in note under rule 3.13, a Government employee’s lien on a post may, in no circumstances, be terminated, even with his consent, if the result will be to leave him without a lien or a suspended lien upon a permanent post.
(b) Notwithstanding the provisions of rule 3.14 (a), the lien of a Government employee holding substantively a permanent post shall be terminated while on refused leave granted after the date of compulsory retirement under rule 8.21 ; or on his appointment substantively to the post of Chief Engineer of the Public Works Department.
(c) A Government employee’s lien on a permanent post, shall stand terminated on his acquiring a lien on a permanent post (whether under the Central Government or a State Government) outside the cadre on which he is borne.
3.16 Subject to the provisions of rule 3.17 a competent authority may transfer to another permanent post in the same cadre the lien of a Government employee who is not performing the duties of a post to which the lien relates, even if that lien has been suspended.
3.17 (a) Government may transfer a Government employee from one post to another; Provided that except –
(1) on account of inefficiency or misbehaviour ; or
(2) on his written request ;
a Government employee shall not be transferred substantively t or, except in a case covered by rule 4.22, appointed to officiate in a post carrying less pay than the pay of the permanent post on which he holds a lien, or would hold a lien had his lien not been suspended under rule 3.14.
(b) Nothing contained in clause (a) above or in rule 2.35 shall operate to prevent the re-transfer of a Government employee to the post on which he would hold a lien, had it not been suspended in accordance with the provisions of clause (a) of rule 3.14.
Note 1. - In cases covered by clause (a) (2) above the Government employee will have his initial pay fixed under rule 4.4 and, if necessary, under rule 4.10.
Note 2. - Permanent transfer from a higher to a lower scale in anticipation of the abolition of a post is not transfer within the meaning of this rule.
Note 3. - In cases in which it is desired to give to a Government employee an extension of service on the condition that he voluntarily agrees to accept a post in a lower grade, so as not to interfere with the legitimate expectations of his juniors to promotion; the only method is to create a temporary post. Such a step can only be permitted under most exceptional circumstances. It must be regarded as the normal course of events that an extension of service involves delay of promotion to juniors and no proposal for the creation of a temporary post to satisfy legitimate expectations will be considered unless it has been submitted to the competent authority before the extension of service is granted.
Sudhir Kumar, Advocate
(Expert) 02 April 2013
I take support from description by Mr Prabhakar Singh. I reiterate. You can be on any amount of leave as long as sanctioned.
