Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Lien - Termination of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | SERVICE LAW:Lien - Termination of - HELD. Lien of a government servant over the post to which he was substantively appointed ends if he is appointed to another substantive post on permanent basis - Mere fact that employee continued to work for a long period to the latter post would not result in loss of lien in parent department - In the instant case, no objection was raised when the employee gave his option duly informing all concerned that his lien in parent department was to be maintained for the purpose of promotion to higher post! protection of financial interests etc. In such view of the matter, employee concerned always had his lien in his parent department. WORDS AND PHRASES :'Lien' - Meaning of in the context of service law - Explained.The respondent, an Investigator Grade-II in the Department of Economic and Industrial Surveys of Government of Rajasthan, though was declared as surplus, but was deputed to work in the Directorate of Medical and Health Services, and on 3.12.1980 was appointed on purely temporary and urgent basis as a Homeopathic Doctor under ESI Scheme for a period of six months or till the selection of a candidate by the Public Service Commission. The respondent continued in that capacity till his superannuation on 31.12.1994. Meanwhile, in response to a letter from the Directorate of Economic and Statistics, the respondent by a letter dated 8.4.1991 exercised his option to have his lien continued in the Subordinate Statistical Services for the purposes of protection of financial interests/promotions to higher posts in Statistical Services. The respondent filed W.P. No. 4832/91 before he High Court seeking directions to the Health Department not to send him back to the parent department. Six years thereafter, he filed another writ petition being WP 1663/97 seeking directions against Directorate of Economic and Statistics to recompute the vacancies from 1964 onwards and to give him seniority, promotions and consequential financial benefits from the date his junior was promoted from the post of Statistical Inspector to Deputy Director. The writ petition was allowed. W.P. No. 4832/91 was dismissed as not pressed.In the instant appeals it was contended for the appellant-State Government that the respondent having joined Medical and Health Services Department as Homeopathic Doctor and superannuated as such, was not entitled to claim promotion and other benefits in Economic and Statistics Department after 1980. |
Judge | Hon'ble Mr. Justice B. Sudershan Reddy |
Neutral Citation | 2009 INSC 344 |
Petitioner | State Of Rajasthan & Anr. |
Respondent | S.n.tiwari & Ors. |
SCR | [2009] 4 S.C.R. 448 |
Judgement Date | 2009-03-16 |
Case Number | 1609 |
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