• West Bengal School Service related

Myself, a school teacher(M.A.English, BEd) for the subject of english from murshidabad West Bengal.
I am continuing my service as Asst. Head Master of a Higher Secondary School from last 6 years out of my total 18 years teacher life. Now I am going to join as a Head Master in other school through West Bengal School Service Commission.
Q1. Can I get lien?
Q2. If yes, what would be the lien vaccancy post?
Q3. Most importantly, is the vaccancy for "Assistant Teacher of my subject" Or for "Assistant Head Master" or for "both"?
Asked 6 years ago in Labour

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9 Answers

Your query in not cler.

If you joining in as Head Master in another school presumably on promotion then where is the question of lien arising.

As per Office Memo number No.28020/1/2010-Estt(C), Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training)  Lien represents the right/title of a Government employee to hold a regular post, whether permanent or temporary. either immediately or on the termination of the period of absence. The benefits of having a lien in a post/service/cadre is enjoyed `by all officers who are confirmed in the post/service/cadre of entry or who have been promoted to a higher post declared as having completed the probation where it is prescribed, or those who have been promoted on regular
basis to a higher post where no probation is prescribed under the rules, as the case may be.

I find no applicability of this in your case.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

The service must be clear on the subject as regards your lien.

Since you are joining in new service on passing of a proper examination the service rues would must mention whether your past service would be considered to calculate your promotion.

In other words without seeing the service rules I can not advise further on the issue.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. If your service rule permits you will get the lien otherwise no. It will be always after prior approval. 

2. The same what you have left during lien

 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. Of course you have lien.

2. This lien further strengthen you claim for a permanent post in future or you may continue for long and after sometime may be promoted as and when permanent vacancy arises, also increase in additional perks so benefit and benefits are coming.

3. For both the posts.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Theissue here is that you want your benefits to be added to the service you have just qualified.

For this technical resignation is the answer. Although you shall resign from your old job the state govet shall provide you the pay scale and other benefits accrued whle in tge service.

WB service rules have to be seen which differ state wise. But yes you will get it on the last post you held.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

There is no question of lien when yo get promoted to Headmaster from Asst. HM.

You are going to join in another school as a headmaster then how can you claim lien to the previous post.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If you are permitted to have technical resignation then if the provisions for the technical resignation is applicable to your category, then you may look for lien too.

The Concept of lien as the title of the government employee to hold substantively a permanent post will undergo a change. Lien will now represent only in the right/ title of a Government employee to hold a regular post, whether permanent or temporary, either immediately or on the termination of the period of absence.

lien on employment is not guaranteed by most employers, and often requires that the employee provide sufficient reasoning for the absence if the employee is gone for more than the amount of time granted or if the employee did not obtain prior approval. Also called lien on appointment.

The start of the mechanics lien period has a specific beginning date, and the lien period usually extends for a period of days or months from this start date. Mechanic liens filed outside the lien period are typically unenforceable

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been appointed b a separate exam all together not being the promotion as one of the condition therein.
  2. Yes, you will be getting for sure, and the lien for the last will depend upon the miner of years of service rendered by you and as per the minimum number of continuous working over the last post.
  3. According to my understanding of your query, you would be getting the Leon as Assistance Head Master.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

No you will not get the lien as you are getting promoted to post of head master and joining another school through transfer. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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