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SUMIT THAKUR   18 September 2026

Clarification of substantive lien status after technicalresignation from central statutory body to

Subject: Clarification on Substantive Lien Status and Reversion after Technical Resignation from Central Statutory Body to State Govt Sir, I am facing a severe administrative hurdle regarding the retention of my lien and reverting to my parent organization. I need your urgent guidance and legal citations to counter my previous employer's HR department.Case Background:Parent Organization: I was a permanent employee at a Central Statutory Body. New Appointment: I applied for a post through direct recruitment via the Public Service Commission at an equivalent pay level.Resignation & Joining: I resigned via a "Technical Resignation." My formal release/resignation letter not mentions the term "Lien." I joined the State Government post 7 months ago. Current Situation: The new State Government post puts me on a 2-year trainee period, paying only 60% of the basic salary with absolutely no pay protection. The Dispute: Due to the financial hardship and lack of pay protection, I submitted a request to my parent organization to revert to my substantive post under my lien. However, the HR department of my parent organization has claim that because I did not formally submit a separate "request for retention of lien" before my resignation, it is now "not possible" to take me back. My Queries: If the parent organization accepted my "Technical Resignation" and explicitly mentioned "Lien" in the relieving/resignation order, can they legally claim that I failed to request it beforehand?Does a permanent employee's lien automatically survive a technical resignation under DoPT rules, regardless of whether a separate application for its retention was filed?Are there specific Department of Personnel and Training (DoPT) O.Ms or Supreme Court/High Court judgments—particularly concerning Himachal Pradesh or Central Autonomous bodies—that establish that lien cannot be denied on mere technical omissions?I would highly appreciate your expert advice, relevant service rules (like Fundamental Rules), and case laws that I can cite in my legal notice or appeal to the competent authority.


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