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Rahul Verma   26 February 2024

Retention of lien

I joined the CGST department as Inspector on 10/07/2017 and consequent to my selection in Pension Fund Regulatory and Development Authority (PFRDA) – Central Autonomous Body, I resigned from the CGST department on 30/06/2023 and joined the PFRDA on 03/07/2023.

I wrote in my resignation application that I want to avail benefit of lien but due to some misguidance and lack of clarity on the rules, I subsequently submitted another application mentioning that I did not want to retain the lien due to which I was not given benefit of lien and in my NOC cum resignation notice issued to me stating that “officer will not be eligible for any kind of lien in this department”. However, I have come to notice in a DoPT OM of technical resignation & lien that a government servant’s lien on a post may in no circumstances be terminated even with his consent. The full text from OM is reproduced as below

 

“A Government servant'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 upon a permanent post. Unless his lien is transferred, a Government servant holding substantively a permanent post retains lien on that post. 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.”

 

In view of above, I am willing to invoke the lien clause and repatriation to parent department.

please suggest if it is possible

 



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     27 February 2024

You can make a representation to the authorities concerned to revoke their decision to cancel the lien granted to  you by  quoting the relevant rules that you have furnished here.

If your request to reverting their decision fails to fetch any favorable result and the authorities are not willing to listen to your request, you may better file a writ petition seeking relief through high court

Rahul Verma   28 February 2024

Sir if i take the legal route then there is some ambiguity in the rules regarding retention of lien in dopt circulars. As per another dopt circular, no lien shall be retained. I need some legal advice in this matter for better interpretation 


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