Lien and seniority

Pulkit (Querist) 06 November 2020 This query is : Resolved
Respected Sir/ Madam,

- I Joined as Inspector (4600/- Grade Pay) in Department 1 in February 2016.

- I was confirmed to the post in February 2018.

- The Next promotion in Department 1 is to the post of Superintendent (4800/- Grade Pay) after a qualifying service of 8 years.

- I opted for Technical Resignation with RIGHT TO LIEN (two years) from Department 1 in July 2019 to Join Department 2 as Assistant Section Officer (4600/- Grade Pay)

- After my technical resignation from Department 1 the recruitment rules for the post of Superintendent were amended and the qualifying service was reduced to 2 years. As a result all my batch mates were promoted w.e.f. 01.01.2020.

- I opted for my right to lien and resigned from Department 2 to join back to Department 1 w.e.f. October 2020 on the post of Inspector.

- My what will be my seniority? I am likely to be promoted in December 2020. What will be my seniority in the Promoted cadre of Superintendent? Will my juniors who got promoted to Superintendent w.e.f. Jan 2020 become seniors to me in the promoted cadre? How my pay will be fixed?

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Quick Summary

This discussion explores the complexities of lien and seniority for a government employee who used technical resignation to move departments. The individual seeks to understand how their seniority and promotion prospects are affected after returning to their original department, especially when promotion rules changed during their absence. Advice suggests that while seniority in the substantive post might be protected, the period in the new department may not count towards qualifying service for promotion. The consensus leans towards administrative appeal or legal recourse if seniority is adversely affected upon promotion.

Isaac Gabriel (Expert) 06 November 2020
During the period of lien there shall be no change in your seniority in the previous post.You are entitled for your chance there. If not given, you can file an appel as per rules and get you promotion with the same seniority.This is the rule in force.

kavksatyanarayana (Expert) 06 November 2020
The lien is for the post when you joined the department. In the meanwhile, you have joined the dept.2 and resigned and came back to the parent department. So orders have been issued to you join the Dept.1. But you cannot claim seniority for promotion. Try your luck by approaching your HOD and then Tribunal.

Dr J C Vashista (Expert) 07 November 2020
Your seniority with parent department is continueous, which you are entitled on return.

P. Venu (Expert) 07 November 2020
When was the Recruitment Rules notified? Was it with retrospective effect?

Rajendra K Goyal (Expert) 07 November 2020
Seniority would not be provided till specific rules exist regarding this in the department.

Pulkit (Querist) 07 November 2020
@P. Venu Sir the recruitment rules were notified after my technical resignation in Oct 2019. No they were not retrospective

Pulkit (Querist) 07 November 2020
@Issac Sir can youplease share any case law which I can quote while giving representation

Pulkit (Querist) 07 November 2020
@Dr JC Sir will the seniority be protected in the promoted cadre also... Kindly share any case law which I can quote while giving representation

Rajendra K Goyal (Expert) 15 November 2020
Case law is not provided, your lawyer would search it for you.

P. Venu (Expert) 20 November 2020
The general principle in this context is -

"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"

However, this norm is inadequate to make a definite suggestion to the query raised. All that could be suggested is to take up the issue at administratively or judicial review, once you are promoted and your seniority in the promoted cadre is adversely affected.

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