Yes it is possible for you to revert back. If the normal application procedure doesn't work than you can serve the employer with a legal notice and than file a specific performance suit against them.
Retention of lien and revert back to the parent organization
I am presently working as Jr Executive (GP- Rs. 4200/-, Pay Level- 6) in IIT Kharagpur. Previously I was working as Statistical Assistant (GP- Rs. 2800/-, Pay Level- 5) in an autonomous organization under the Ministry of Culture, Govt. of India. When I have applied for the post of Jr Executive in IIT Kharagpur, I informed my the then employer and forwarded the application through proper channel. After getting selected in the said post, I intended to join for the said post and presented my technical resignation with a request for a period of 02 years of lien. But my employer released me without extending the lien. As per Office Memorandum of Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training) No. 28020/2/2018-Estt.(C) dated 27th August, 2018 (point no. 18), it is referred that “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 that no lien will be retained. ” Now, I wish to revert back to my parent organization as it is headquartered in Kolkata and my hometown is also in Kolkata. Due to this pandemic situation, it is extremely difficult for me to stay outside of the city without my family. In this situation, I applied for retention of lien for two years and also requested my parent employer to revert back my job in the parent employer. As I have forwarded the application through proper channel and also asked for lien during my technical resignation, hence is it be possible for me to revert back to my parent employer in a lower grade pay?
Asked 4 years ago in Labour
14 Answers
You are entitle to lien. Not extending the lien dose not impact your right to hold lien. Write directly to HOD, and last resort, direction from administrative tribunal.
Yes you can do the aforesaid as per the service rules
1) OM is clear you retain lien on the post
2) you should be granted option to revert to your patent organisation
3’ ) if your application is rejected file application before CAT against rejection of your application
1. Well the continuation or termination of lien depend on the policy decision of the organsiation and the employee as matter of right does not thrust upon his wish to the employer.
If your lien lien is discahrged then in automatic course you would be sent to your parent organsiation.
Refer to your organisation service rule and regulation to find out the prospect of transfer.
Dear Sir,
The said reversal is quite possible because you are not asking for higher grade and there are specific provisions regarding this.
Yes that is possible if you have through the proper channel.
The lien facility or privilege is provided only for such a situation.
Hence you an very well revert to your parent employer operating the provisions of lien.
It is mandatory to grant lien which has been cited by you in your post.
You can send an application expressing your desire to revert to the parent department operating the lien period, if denied then you may resort to legal action by filing an OA before the administrative tribunal.
better to consult a Employment & Labour and service matters specialized Lawyer from the panel of Kaanoon. com quickly to protect your issues.
Why on lower grade, you have right of protection of pay and scalee.
Yes it is possible to revert back to your parent employer.
The Office Memorandum supports your case.
In case, if your application is not considered / refused, you can approach CAT against such action of not considering / refusing your request.
- As per rule . 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.
- Further, A Government servant on acquiring a lien on a post will cease to hold any lien previously acquired on any other post.
- Further, in the case of permanent government servants, their, lien may be retained in the parent department/office for a period of two years and they should either revert to the parent department/office within that period or resign from the parent department/office at the end of that period.
- Hence, it is possible for you to revert back to your parent employer in a lower grade pay.
1. You had come on lien from a lower pay grade to the present organisation.
2. So, it is possible to go back to your earlier post on completion of the lien period as requested by you.
1. You have retained lien on the post, as can be gathered from the OM.
2. File the application to seek revert to your parent organisation.
3. You may approach the CAT if your application is dismissed.
