Regarding lien on post

Shankar (Querist) 29 February 2024 This query is : Resolved
I have applied for technical resignation but I have not mentioned lien in my application.
Am I eligible for lein or not?
Is it compulsory to mention technical resignation with lien?
I have completed my probation period and completed 6 years of regular service in an central govt autonomous institute

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This discussion explores whether an employee can retain their lien on a post after submitting a technical resignation, even if lien wasn't explicitly mentioned in the application. Guidance from the Department of Personnel & Training suggests that lien can be retained for up to 2-3 years, regardless of whether it was specifically requested during the resignation process. The core question is whether returning to the previous department or post is possible without the facility of lien in cases of technical resignation.

T. Kalaiselvan, Advocate (Expert) 29 February 2024
There are various rulings stating that even though there's no mention about technical resignation, it can be considered the same if shifted to another department of government.

Shankar (Querist) 29 February 2024
What about lien Sir
I mentioned technical resignation but not mentioned lien

T. Kalaiselvan, Advocate (Expert) 29 February 2024
Retention of Lien of Post. Consolidated guidelines on “Technical Resignation and Lien” have been issued by Department of Personnel & Training. (i) Lien is retained by a permanent Government employee (GE) for a period of 2 years. It is extendable upto 3 years in exceptional cases.
It will not be correct to deny a Government servant lien to a post he was holding substantively on the plea that he had not requested for retention of lien while submitting his Technical Resignation, or to relieve such a Government servant with a condition on that no lien will be retained.

Shankar (Querist) 01 March 2024
Thank you so much Sir.

T. Kalaiselvan, Advocate (Expert) 01 March 2024
You are welcome for your compliments

Shankar (Querist) 06 March 2024
Sir,
Whether or not one can return to previous department or the post he is holding substantively if he got technical resignation without the facility of lien.
Is there any chances of rejoining the previous department in case of technical resignation without the facility of lien.

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