Service Book, Nomination, WBSR, Lien.
#5484 by kayshikr
23 Sep 2012, 15:11
A permanent employee desiring to join another govt department, when he is offered such scope for appointment, should tender technical resignation. Under this circumstances he may opt for holding lien to his previous post i.e the post he is resigning from technically. This option is not available to those employees who have not been declared as permanent after successful completion of probation in the old post.
#5485 by donyi_polo
23 Sep 2012, 15:50
Dear friend kayshikr,
Pls don't mind. I know about lien as I was a lienee in a central govt. deptt. :P
I wanted to clear the confusion with the difference in application of clause (a) and clause (b). If a permanent employee, who is holding a post in his deptt. on regular basis, tenders technical resignation in his deptt. for taking up appointment in another deptt.- what will be the notice period? ;) Whether it is one month or three months?
#5488 by Ray
23 Sep 2012, 20:54
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
application,
(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
(b) Omitted.
(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.
#5491 by som
23 Sep 2012, 21:39
donyi_polo wrote:What about the method of computation as specified in WBSR?

After going through the relevant rules, I could not find any such method as mentioned by you for Central Govt. employees.
#5494 by Ray
23 Sep 2012, 22:41
donyi_polo wrote:Dear friend kayshikr,
Pls don't mind. I know about lien as I was a lienee in a central govt. deptt. :P
I wanted to clear the confusion with the difference in application of clause (a) and clause (b). If a permanent employee, who is holding a post in his deptt. on regular basis, tenders technical resignation in his deptt. for taking up appointment in another deptt.- what will be the notice period? ;) Whether it is one month or three months?


If we consider 'on regular basis' as 'permanent', it is 3 months as it appears from the rules.
#5499 by donyi_polo
23 Sep 2012, 23:44
Dear Mr Ray,
I pay due respect to you for your earnest effort made to convince me of the connotations of the term "lien". I have seen that most of the govt. employees (!) have the concept of lien as that of me i.e. lien is granted to a permanent employee to hold the right to his previous post in parent deptt. ONLY WHEN he joins another deptt. on temporary basis in proper official manner. But an employee ALSO acquires inherent right to enjoy lien on his post as soon as he starts working in substantive capacity in that post in his deptt. The concept of lien was changed in 1988 vide Govt. of India, Deptt. Personnel & Training O.M. No. 18011/1/86-Estt (D) dated 28.03.1988 and, GoWB, FD Momo No. 5225-F dated 17.05.1995. I have come to know that lien is also granted when a permanent govt. employee joins a PSU or, even a Pvt. Co.(?)

Anyway, one thing is now clear to me that as regards the period of notice for resiganation, a WB govt. employee is adjudged with reference to his entitlement to lien in state govt. services. In similar situation, the Central Govt. rules are rather straightforward - notice period is minimum three months for permanent employee and minimum one month for temporary employees. The central govt. employees are not adjudged with reference to his lien holding capacity. Such provisions are not there in the relevant rules i.e. Clauses (j), (k), (i) or (m) of Fundamental Rules 56 of Central Civil Service.
Now, of course, there is similarity in applications of rules in central and state govts in identical situiation. Lien is granted only to a permanent employee. Therefore, the clause (a) of Rule 34A(1) of WBSR applies only to the temporary employees who are not entiled to hold lien and, thus, have option for only minimum one month's notice period in regard to resignation. On the other hand, clause (b) is attracted by the permanent employees who have entitlement to lien and, thus, have option for at least three months' notice period. This is what I conjectured in my communication on 23 Sept. on the basis of correlation between central and state rules after a comparative study.
#5501 by donyi_polo
24 Sep 2012, 00:19
A Ray wrote:
donyi_polo wrote:Dear friend kayshikr,
Pls don't mind. I know about lien as I was a lienee in a central govt. deptt. :P
I wanted to clear the confusion with the difference in application of clause (a) and clause (b). If a permanent employee, who is holding a post in his deptt. on regular basis, tenders technical resignation in his deptt. for taking up appointment in another deptt.- what will be the notice period? ;) Whether it is one month or three months?


If we consider 'on regular basis' as 'permanent', it is 3 months as it appears from the rules.

I feel sorry to say that a permanent employee may not always hold a permanent post on regular basis in a govt. deptt. A permanent employee may hold a permanent post on ad hoc basis for certain period. And, if so, he can't retain len on that post which he holds on ad hoc basis.
#5508 by donyi_polo
24 Sep 2012, 09:41
som wrote:
donyi_polo wrote:What about the method of computation as specified in WBSR?

After going through the relevant rules, I could not find any such method as mentioned by you for Central Govt. employees.

Clauses (j), (k), (l) and (m) of Fundamental Rule 56 relate to the retirement of permanent central govt. employees. Note-3 under Rule 56 follows:
"Note-3 - In computing the notice period of three months referred to in Clauses (j) to (m), date of service of the notice and the date of its expiry shall be excluded". Same is also there at item (9) of Consolidated Instructions regarding premature retirement of central govt. servants (Ref: Govt. of India, Dept. of Per. & A.R., Office Memorandum No. 25013/14/77-Estt(A) dated the 5th January, 1978).
This may not be applicable to the state employees if no such specific instructions are issued to deal with their cases.
#5537 by Ray
24 Sep 2012, 21:12
donyi_polo wrote:Dear Mr Ray,
I pay due respect to you for your earnest effort made to convince me of the connotations of the term "lien". I have seen that most of the govt. employees (!) have the concept of lien as that of me i.e. lien is granted to a permanent employee to hold the right to his previous post in parent deptt. ONLY WHEN he joins another deptt. on temporary basis in proper official manner. But an employee ALSO acquires inherent right to enjoy lien on his post as soon as he starts working in substantive capacity in that post in his deptt. The concept of lien was changed in 1988 vide Govt. of India, Deptt. Personnel & Training O.M. No. 18011/1/86-Estt (D) dated 28.03.1988 and, GoWB, FD Momo No. 5225-F dated 17.05.1995. I have come to know that lien is also granted when a permanent govt. employee joins a PSU or, even a Pvt. Co.(?)

Anyway, one thing is now clear to me that as regards the period of notice for resiganation, a WB govt. employee is adjudged with reference to his entitlement to lien in state govt. services. In similar situation, the Central Govt. rules are rather straightforward - notice period is minimum three months for permanent employee and minimum one month for temporary employees. The central govt. employees are not adjudged with reference to his lien holding capacity. Such provisions are not there in the relevant rules i.e. Clauses (j), (k), (i) or (m) of Fundamental Rules 56 of Central Civil Service.
Now, of course, there is similarity in applications of rules in central and state govts in identical situiation. Lien is granted only to a permanent employee. Therefore, the clause (a) of Rule 34A(1) of WBSR applies only to the temporary employees who are not entiled to hold lien and, thus, have option for only minimum one month's notice period in regard to resignation. On the other hand, clause (b) is attracted by the permanent employees who have entitlement to lien and, thus, have option for at least three months' notice period. This is what I conjectured in my communication on 23 Sept. on the basis of correlation between central and state rules after a comparative study.

One thing I would like to add that when a Deputy Secretary becomes Joint Secretary in usual pay scale under C.A. Scheme, he becomes a designated Joint Secretary and holds a 'lien' in the post of Deputy Secretary. And I don't know why the Government Rules are not made easy to conceive, don't know why most of the Government rules always require clarification and further discussion on clarification. Perhaps this is because to say some cases 'Yes' on the basis of the rule and to sometime say 'No' on the basis of the same rule. :)
#5544 by donyi_polo
24 Sep 2012, 23:45
Dear Mr. Ray,
If given chance I shall try to get it clarified regarding the provision which permits a Dy. Secy. to become a Jt. Secy. merely under CAS benefit.Maybe that some spl. rule is there in the service.
I agree that the govt. rules are oftentimes confusing and, that's why, they are interpreted in different ways in different offices. The main problem is our ignorance of the spirit of the rules - that is to say, lack of knowledge as to justification of creation of a rule - what benefit it can extend to an employee! If the background of a rule is known its proper application shall not be a major problem.
Let me elaborate further. I belong to WB. Selected by UPSC I joined .a post in a cent. govt. office in North Eastern Region (NER). It was my first appointment in govt. service. According to the Spl. rules for NER I, along with similar appointees, got joining TA. We (other first appointees like me) were getting Spl. Duty Allowance @12.5% on basic. Simialr benefits were being availed by the new entrants, who belong to outside NER, in other central govt. offices located in NER. Once in a fine morning, one new Director came to join our office from Lucknow and stopped the benefit of Spl. Duty Allowance to us who joined the office in NER from outside NER on first appointment in central govt. service. Same thing happened in other central govt. offices located in different states in NER. But, few offices were still allowing this benefit to the fresh entrants like us. The rule stipulates that;
"Employees who have All India Transfer Liability on posting to any station in the North Eastern Region comprising the States of Assam, Meghalaya, Manipur, Nagaland, Tripura, Arunachal Pradesh and Mizoram will be granted Special Duty Allowance".
Our Director and also the Authorities of other offices opined that such benefit is allowed only to those employees who join the central govt. offices on transfer from outside NER. Recovery from salary was started. We moved the Central Admin. Tribunal and, we got favourable verdict. But, office again denied of the benefit and, moved High Court against CAT verdict. Now, office won and we lost! Here comes the spirit of the rule. According to the version of the govt. pleader, who submitted a copy of the file notes regarding the background of the formation of rule, the rule was formed during the Prime Ministership of Rajeev Gandhi to comply with the tough situation that central govt. employees working in the offices outside NER did not want to go to NER on transfer because of hardships. Though some of them used to join NER offices, yet they frequently took leave and stayed in native places, hampering govt. works. Therefore, the rule was made to attract them to a modest monetary gain so that they would be agreeable to join NER offices voluntarily and render service there for a certain period. This background information was not available to any G.O., which explained the manner of application of the rule. It was difficult to smell the original essence on a plain reading of the rule. We were also an central govt. employees who joined NER but "on first appointment" and not "on transfer". That's why we could not finally qualify for the gain.
This time the 6th CPC has given the benefit to all the employees including first appointees. Now, it is not a loss for first appointees for joining NER.!

With regards.
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