Md Shariq 04 May 2021

to join a higher post

I am a group d staff in a college now I want to join as a primary teacher . my date of joining is October 2019 .can I get lien leave from my present govt job

Reply Follow

Quick Summary

This discussion addresses an individual's query about transitioning from a Group D staff role in a college to a Primary Teacher position. Key considerations include the nature of the college (government or private), the application process, and the concept of 'lien leave'. The advice suggests that if the college is government-affiliated and the application was through proper channels, a technical resignation might be accepted. It clarifies that 'lien leave' should be checked against the specific leave policy, and generally, one can resign from their current role to accept a new, higher post, provided employment conditions are met. The right to work, though not explicitly a fundamental right, is interpreted as part of the right to life under Article 21 of the Indian Constitution.

5 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 04 May 2021

Is the college Government? Did the Education Department select you and appoint to college?

Dr J C Vashista (Advocate) 05 May 2021

Did you apply for teacher's job through proper channel after seeking permission of college (present employer) if so, your technical resignation may be accepted.

Repeated query.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 05 May 2021

1. WHAT IS LIEN LEAVE ????

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Pradipta Nath (Advocate) 05 May 2021

Please go through your Leave Policy!

T. Kalaiselvan, Advocate (Advocate) 05 May 2021

If you are qualified and have been shortlisted for the new higher post, you can very well tender your resignation to your current employer by complying with the conditions of the employment and join the new employment.

the Indian Constitution does not explicitly recognise the ‘right to work’ as a fundamental right. It is placed in Part IV (Directive Principles of State Policy) of the Constitution under Article 41, which hence makes it unenforceable in the court of law. Despite the absence of an express wording of the ‘right to work’ in Part III (Fundamental Rights) of the Constitution, it became a ‘fundamental right’ through a judicial interpretation.

All thanks to the wider interpretation of Article 21 made by the Hon’ble Supreme Court through its judgement in Olga Tellis & Ors. v Bombay Municipal Corporation & Ors.- ‘right to work’ was recognised as a fundamental right inherent in the ‘right to life’.

You can very well join the new employment by properly tendering your resignation to the current employer.