• Is lien applicable and what is the procedure for lien in state govt. job in simple terms?

I was in a state govt. job and applied through proper channel for another state govt. job. I got appointed in the new job and therefore gave my resignation in my parent department and joined the new job. But now after attending office for 2-3 days, i want to resign the new job and go back to my parent job. What should i do?? Both the job were of same grade and pay. 
Thank you.
Asked 5 years ago in Labour

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12 Answers

See benefit of lien is available when the technical resignation is tendered then in that case you can retain the lein and can go back to the parent organization. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If the resignation has been accepted then in that case you can not join the parent organization again 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

In ase of technical resignation it will be otherwise and you can retain the lien

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

A person can be said to have acquired 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 lien acquired by way of contract, or by operation of law. Whether a person has lien, depends upon whether he has been appointed in accordance with law, in substantive capacity and whether he has been made permanent or has been confirmed to the said post 

 

2) The lien of a government employee over the previous post ends if he is appointed to another permanent post on permanent basis. 

 

3) A conspectus of the aforesaid judgments and the principles flowing from the aforesaid judgments would clearly show that in order to claim lien on a particular post, the requirement is that the Government servant must have been confirmed on the said post and on appointment to a permanent post be under the State Government or the Central Government, a Government servant's lien on the post stands terminated only on his acquiring a lien on a permanent post.

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

See as per the state government rules you can apply before your parent department to retain your lien. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You need to do it through technical resignation and subject to availability of the earlier post you can switch back

Prashant Nayak
Advocate, Mumbai
31911 Answers
179 Consultations

4.1 on 5.0

(i) A permanent Government servant appointed in another Central Government Department/Office/ State Government, has to resign from his parent department unless he reverts. to that department within a period of 2 years, or 3 years in exceptional cases’. An undertaking to abide by this condition may be taken from him at the time of forwarding of his application to other departments/offices.

(ii) The exceptional cases may be when the Government servant is not confirmed in the department/office where he has joined within a period of 2 years. In such cases he may be permitted to retain the lien in the parent department/ office for one more year. While granting such permission; a fresh undertaking similar to the one indicated above may be taken from the employee.

(iii) Timely action should be taken to ensure extension/ reversion/ resignation of the employees to their parent cadres on completion of the prescribed period of 2/3 years. In cases, where employees do not respond to instructions, suitable action should be initiated against them for violating the agreement/ undertaking given by them as per (i) and (ii) above and for termination of their lien. Adequate opportunity may, however, be given to the officer prior to such consideration.

(iv) Temporary Government servants will be required to severe connections with the Government in case of their selection for outside posts. No lien will be retained in such cases.

(DOPT O.M.No.8/4/70-Estt(C) dated 06.03.1974)

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hi,

If your application is accepted in previous organisation then you may not join again as per the existing laws. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Best way is to contact your previous department and request to issue a letter that they need use and can't spare then you submit your resignation by doing this there will not be any harm to your seniority or perks.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Dear Client,

Government servant'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. AND

No effect on lien if not requested for retention of lien while submitting Technical Resignation

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Have you made a technical resignation with your previous employer, if so, you can revert to the parent department if the clause of lien period is operable.

DoPT OM on Technical Resignation and Lien – Consolidated instructions –  The resignation is treated as a technical formality where a Government servant has applied through proper channel for a post in the same or some other Department and got selected.

 

(i) A permanent Government servant appointed in another Central Government Department/Office/ State Government, has to resign from his parent department unless he reverts. to that department within a period of 2 years, or 3 years in exceptional cases’. An undertaking to abide by this condition may be taken from him at the time of forwarding of his application to other departments/offices.

(ii) The exceptional cases may be when the Government servant is not confirmed in the department/office where he has joined within a period of 2 years. In such cases he may be permitted to retain the lien in the parent department/ office for one more year. While granting such permission; a fresh undertaking similar to the one indicated above may be taken from the employee.

T Kalaiselvan
Advocate, Vellore
84859 Answers
2188 Consultations

5.0 on 5.0

Since you have resigned with technical resignation;

A Government servant’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 upon a permanent post. Unless his lien is transferred, a Government servant holding substantively a permanent post retains lien on that post. It will not be correct to deny a Government servant lien to a post he was holding substantively on the plea that he had not requested for retention of lien while submitting his Technical Resignation, or to relieve such a Government servant with a condition on that no lien will be retained.

T Kalaiselvan
Advocate, Vellore
84859 Answers
2188 Consultations

5.0 on 5.0

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