Dear Dr. Majumdar,
Thanks for your question. Actually 'Lien' does not necessarily involve two Departments or the case as you said "Lien is granted for ex-cadre appointment of a permanent employee who enjoys right to hold his previous post in old deptt. for a certain period (2 years, extendable to max. 3 yrs) while performing duty in a new deptt. on temporary basis." Lien is a privilege of an employee. Lets see the definition of 'Lien' and other terms associated with 'lien' for a better picture. Your posts here make me believe that you will not need any detailed explanation, only a reference to the rules will suffice.
So, here below are the definitions and relevant rules. As regards your question "If a permanent employee resigns a permanent post in his deptt., how does the relevance of the term "lien" come here!" - may I have the privilege to inform you that the rule has been made definitely with a purpose. Different from our normal code of appointment, there are provisions for the appointment of Military Police Service Personnel to posts under the State Government, the part of the rule under reference applies there. They are allowed to re-enlisted after resignation (case specific) and their past service is counted for the purpose. See Rule 51 of W.B.S.R. Part-I for better understanding. Rule 147 also requires consideration of the part of the rule to judge the matter according to the merit of the case. For ready reference, I am posting it here below the rules on definition and application.
Definition of Lien
Rule 5(23) Lien means the title of a Government employee to hold substantively, either immediately or on the termination of a period or periods of absence, a permanent post, including a tenure post, to which he has been appointed substantively.
Note.—Vide note below, sub-rule (11) (a) of Rule 5.
Other Definition related with ‘lien’
Rule 5(11) Duty includes—
(a) Service as a probationer or apprentice, provided that such service is followed by confirmation.
Note: Service as a probationer is "Suigeneris"—neither substantive nor officiating. A Government employee who is recruited as a probationer with a view to substantive appointment to the cadre of a service or department does not, therefore, acquire a lien on a post in that cadre until he is confirmed in the service or department.
Rule 5(15) Government employee in permanent employ means a Government employee who holds substantively a permanent post or who holds a lien on a permanent post or who would hold a lien on such a post had the lien not been suspended or who is confirmed and made permanent in terms of West Bengal Service (Appointment, Probation and Confirmation), Rules, 1979.
Rule 5(26) Officiate-A Government employee officiates in a post when he performs the duties of a post on which another person holds a lien, or when he is appointed by the authority competent to make a substantive appointment to the post to officiate in a vacant post on which no other person holds a lien:
Provided that in the circumstances regulated by role 39, 68 or 100, a Government employee may be appointed to officiate in a post without actually performing the duties of the post.
Rules regarding ‘lien’-
Rule 17. Unless in any case it be otherwise provided in these rules, a Government employee on substantive appointment to any permanent post acquires a lien on the post and ceases to hold any lien previously acquired on any other post.
Rule 18. In the case of a Government employee who holds no lien on any appointment except that which is abolished the abolition of the appointment may be deferred till such leave as was admissible to him immediately before the abolition of the appointment and as may be granted has terminated.
Note.-This rule does not apply to a person having no lien on a permanent post.
Rule 19. Unless his lien is suspended under rule 20 or transferred under rule 23, a Government employee holding substantively a permanent post retains a lien on that post—
(a) while performing the duties of that post;
(b) while on foreign service, or holding a temporary post or officiating in another post;
(c) during joining time on transfer to another post; unless he is transferred substantively to a post on lower pay, in which case his lien is transferred to the new post from the date on which he is relieved of his duties in the old post;
(d) while on leave; and
(e) while under suspension.
Note 1.-An employee confirmed by the competent authority in accordance with the provisions of the West Bengal Services (Appointment, Probation and Confirmation) Rules, 1979, does not hold any lien on a permanent post. To safeguard the interest of such employees they shall be deemed to have lien for all purpose.
Note 2.-The following/procedure should be followed m respect of Government employees working in a particular department/ office who apply in response to advertisements or circulars inviting applications for posts in other departments offices of the State Government:—
(i) the applications may be forwarded in accordance with the instructions irrespective of whether the post applied for in the other department/ office is permanent or temporary,
(ii) in the cases of permanent Government employees their lien may be retained in the parent department/ office for a period of two years. They should either revert to the parent department office at the end of that period or resign from parent department/ office on expiry of that period. An undertaking to abide by these conditions may be taken from them at the time of forwarding the applications to other departments offices,
(iii) as for temporary employees, they shall as a matter of rule, be asked to resign from the parent department/ office at the time of release from the parent department/ office. An undertaking to; the effect that they will resign from the parent department/ office in the event of their selection and appointment to the post applied', for, may be 'taken from them at the time of forwarding the
(iv) in exceptional cases where it would take some time for the other department/ office to confirm such Government employees due to the delay in converting temporary posts into permanent ones, or due to some other' administrative reasons, the permanent Government employees may be permitted to retain their lien in the parent department / office for one year more. While granting such permission, a fresh undertaking similar to the one indicated in sub-paragraph (ii) may be taken from the permanent Government employees by the parent department/ office.
Rule 20. (1) The lien of a Government employee on a permanent post which he holds substantively shall be suspended if he is appointed in a substantive capacity-
(a) to a tenure post, or
(c) provisionally, to a post on which another Government employee would hold a lien had his lien not been suspended under this rule.
(2) The lien of a Government employee on a permanent post which he holds substantively may be suspended if he is deputed out of India or transferred to foreign service, or, in circumstances not covered by sub-rule (1), is transferred on officiating capacity, to a post in another cadre, and if in any of these cases there is reason to believe that he will remain absent from the post on which he holds a Hen for a period of not less than three years.
(3) Notwithstanding anything contained in sub-rules (1) and (2), a Government employee's lien on tenure post may in no circumstances be suspended. If he is appointed substantively to another permanent post, his lien on the tenure post must be terminated.
(4) If a Government employee's lien on a post is suspended under sub-rule (1) or (2), the post may be filled substantively, and the Government employee appointed to hold it substantively shall acquire a lien on it; provided that the arrangements shall be reversed as soon as the suspended lien revives.
Note 1.-Unless any rule or order otherwise directs, this sub-rule shall apply if the post concerned is a post in a Selection Grade of a cadre.
Note 2.-When a post is filled up substantively under this sub-rule, the appointment shall be termed a provisional appointment. The Government employee appointed shall hold provisional lien on the post and that lien shall be liable to suspension under sub-rule (1), but not under sub rule (2), of this rule,
(5) A Government employee's lien which has been suspended under sub-rule (1) shall revive as soon as he ceases to hold a lien on a post of the nature specified in that sub-rule.
(6) A Government employee's lien which has been suspended under sub-rule (2) shall revive as soon as he ceases to be on deputation out of India or on foreign services or to hold a post in another cadre, provided that a suspended lien shall not revive because the Government employee takes leave if there is reason to believe that he will, on return from leave, continue to be on deputation out of India or on foreign service or Jo hold a post in another cadre and the total period of absence on duty will not fall short of three years or that he will hold substantively a post of the nature specified in sub-rule (1).
Note 1.-When it is known that a Government employee on transfer to a post outside his cadre is due to retire on superannuation pension within three years of his transfer, his lien on the permanent post shall not be suspended.
Note 2.-The operation of this rule shall be restricted in such a way so as to permit only one provisionally substantive appointment against one post. As such the lien acquired by a Government employee, on his appointment in a provisionally substantive capacity under sub-rule (4), shall not in future be suspended if he is deputed out of India or is transferred to a post of the nature specified in sub-rule (2).
Rule 21. (1) Except as provided in sub-rules (2) and (3) of this rule a Government employee'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 or a suspended lien upon a permanent post.
(2) Notwithstanding the provisions of sub-rule (1) of rule 20, the lien of a Government employee holding substantively a permanent post shall be terminated on his appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman or any other member of a State Public Service Commission.
(3) A Government employee's lien on a post shall stand terminated on his acquiring a lien on a permanent post whether under the Central Government or a State Government outside the cadre on which he is borne.
Note.-It is clarified that the provisions of rule 21 shall apply so long a Government employee remains in Government employment. Obtaining consent of the Government employee to the termination of his lien is necessary in certain circumstances where he is to be confirmed in another post under Government.
Rule 23. Subject to the provision of rule 24, the lien of a Government employee who is not performing the duties of the post to which the lien relates, even if that lien has been suspended, may be transferred to another permanent post in the same cadre.
24. (1) A Government employee may be transferred from one post to another:
Provided that, except (i) on account of inefficiency or misbehaviour, or (ii) on his written request, he shall not be transferred substantively to, or except in a case covered by rule 65, appointed to officiate in, a post carrying less pay than the pay of the permanent post on which he holds a lien, or would hold a lien had it not been suspended under rule 20: Provided further that unless the transfer is from one cadre post to another, the post to which a Government employee may be transferred shall be a post
(i) which carries a scale of pay comparable to that of the post presently held by the Government employee,
(ii) for which the Government employee possesses at least the minimum of the prescribed qualifications, and
(iii) in the recruitment rules for which there is no bar to the appointment of the Government employee to the post by transfer.
(2) Nothing in sub-rule (1) of this rule or in clause (23) of rule 5 shall operate to prevent the retransfer of a Government employee to the post on which he would hold a lien, had it not been suspended in accordance with the provisions of sub-rule (1) of rule 20.
Note.-When a Government employee is transferred substantively on account of his inefficiency or misbehaviour, to a post carrying less pay than the pay of the permanent position .which he holds a lien or would have held a lien had it not been suspended under rule 20, the appointing authority, may in the case of non-availability of a vacancy in the service, grade or time-scale to which the Government employee is transferred, create a permanent supernumerary post in the lowest service, grade or time-scale to provide a lien to the Government employee, concerned; but the higher post vacated by the Government employee shall not be filled up either substantively or otherwise, for so long as it is necessary to provide the reduced officer with a lien on the supernumerary post in the lower service, grade or time-scale. After the Government employee has been accommodated against a substantive vacancy available in the lower service, grade or time-scale the supernumerary post shall be abolished and the higher post filled up in the usual way.
Rule 51. A police officer of or below the rank of Inspector when re-enlisted after discharge or resignation may, with the sanction of the authority competent to fill the appointment held by him,, be allowed to count towards increment of pay the service (including military police service) rendered before such discharge or resignation, even though it was not on the same time-scale or was under another Government. Each case, however, will be decided on its merits and it must always be considered whether the individual is deserving of the privilege.
147. (1) If a Government employee, who quits the public service on compensation or invalid pension or gratuity, is re employed, and if his gratuity is thereupon refunded or his pension held wholly in abeyance, his past service thereby becoming pensionable on ultimate retirement, he may, at the discretion of the authority sanctioning the reemployment and to such extent as that authority may decide, count his former service towards leave.
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