Maintaining of lien at parent department
GOPAL SINGH BHAKUNI
(Querist) 14 April 2022
This query is : Resolved
I came on deputation to Central Administrative Tribunal from Border Roads Organization which is also a central government department. During my deputation period of 2 years and 3onths I got absorbed in the borrowing department after getting NOC from my parent department.y question is (i) Whether I have to resign technically from my parent department (ii) Whether my lien is to be maintained at my parent department for a period of two years from the date of absorption. (iii) iIs is possible that i may able to repatriat to my parent department.
kavksatyanarayana
(Expert) 16 April 2022
When you have been absorbed, NOC is not necessary. And (i) not necessary (ii) No. (iii) If you are not interested you shall inform the same to both the departments (parent + present dept.) within the time.
P. Venu
(Expert) 17 April 2022
To my knowledge, absorption is independent of deputation. There is no beginning once you are absorbed. There needs to be technical resignation so that records could be made over to the present organization. Lien continues and can seek repatriation during the period of lien.
Sudhir Kumar, Advocate
(Expert) 04 December 2022
You had a lien to the previous post as long as you were on deputation. On absorption you cease to be on the strength of previous organisation so there is no scope of technical resignation. You have already left that department. Previous department is not at all allowed to retain lien and the new deptt cannot send you back.
