"Service Law on Lien"
A person can be said to have acquired a lien as regards a particular post only when his appointment has been confirmed and when he has been made permanent to the said post. The word ‘lien’ is a generic term, and, standing alone, it includes a lien acquired by way of contract or by operation of law. Whether a person has a lien depends on whether he has been appointed in accordance with the law, in substantive capacity, and whether he has been made permanent or has been confirmed for the said post.
The Hon’ble Supreme Court in a recent judgment L.R. PATIL v. GULBARGA UNIVERSITY, GULBARGA ([2023] 12 S.C.R. 104 : 2023 INSC 796) has held that, as per the settled legal position, the ‘lien’ of a government servant only ceases to exist when he/she is appointed on another post ‘substantively’/confirmed or absorbed permanently. Otherwise, his/her lien would continue on the previous post.
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The Apex Court has reiterated the legal principal in service law on lien in State of Madhya Pradesh and Others Vs. Sandhya Tomar and Another, (2013) 11 SCC 357 wherein the Supreme Court held that? "Lien” connotes the civil right of a government servant to hold the post “to which he is appointed substantively.”
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It was also held by the Hon’ble Supreme Court in “Triveni Shankar Saxena Vs. State of U.P. and Others, 1992 Supp (1) SCC 524”, while primarily dealing the question of acquisition of lien, this Court has observed that a person can be said to acquire a lien on a post only when he has been confirmed and made permanent on that post and not earlier
?In a 3-Judge Bench judgment in the case of “State of Rajasthan and Another Vs. S.N. Tiwari and Others, (2009) 4 SCC 700”, while interpreting the word ‘lien’ against the post appointed substantively with respect to another post, the Apex Court held as thus:
?“17. It is very well settled that when a person with a lien against the post is appointed substantively to another post, only then does he acquire a lien against the latter post. Then and then alone, the lien against the previous post disappears. Lien connotes the right of a civil servant to hold the post substantively to which he is appointed. The lien of a government employee over the previous post ends if he is appointed to another permanent post on permanent basis. In such a case the lien of the employee shifts to the new permanent post. It may not require a formal termination of lien over the previous permanent post.”