LIEN

IN
GOVERNMENT SERVICE
FR-9(13): Definition of “Lien”
It means the title of a Govt. Servant to hold a regular post,
whether permanent or temporary,either immediately or on
the termination of the period of absence.

Channel:
“LIEN” FACILITY FOR GOVT. EMPLOYEE: FR-9 (13)

Lien on a post:
A Govt. Servant who acquired a lien on a post retains a lien on
that post:
(a) While the performing the duties of that post’
(b) While on foreign service, or holding a temporary post or
officiating in another post.

Channel: Asit Government Rule Guru

(c ) During joining time on transfer to another post (unless he is
transferred substantively to a post on lower pay). In this case his
lien is transferred to the new post from the date on which he is
relieved of his duties in the old post.
(d) While on leave
(e) While under suspension
# A Govt. Servant on acquiring a lien on a post will cease to hold
any lien previously acquired on any other post. It means at any time
the employee has lien on one post.

Channel: Asit Government Rule Guru

Who has right to Lien ?
• If you employed in Central Govt. Organisation and you have been
confirmed in that post i.e. probation period has been successfully
completed.
• Or who have been promoted to a higher post declared as
having completed the probation.
• Those who have been promoted on regular basis to a higher post
where no probation is prescribed under the rules.
Channel: Asit Government Rule
Guru
Retention of lien for appointment in another
Central Govt. Office /State Govt.
(a) A permanent Govt. Servant appointed in another Central
Govt. department/Office/State Govt.,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.

Channel: Asit Government Rule

Guru
(ii) In exceptional cases may be when the Govt. Servant is not
confirmed in the department/office where he has joined
within a period of 2 year.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.

Channel: Asit Government Rule

Guru
(iii) Timely action should be taken to ensure extension/resignation/
reversion 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.

Channel: Asit Government Rule

Guru
(iv) Temporary Govt. Servants will be required to sever connections
with the Govt. in case of their selection for outside posts.No lien
will be retained in such cases.

Channel: Asit Government Rule

Guru
Termination of Lien
A Govt. servant’s lien on a post may in no circumstances be
terminated with his consent if the result will be to leave him
without lien upon a permanent post.

Unless his lien is transferred,a Govt. Servant

holding substantively a permanent post
Retains lien on that post.
Channel: Asit Government Rule
Guru
 It will not be correct to deny a Govt. 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 Govt. Servant with a condition that no lien
will be retained.

 A Govt. employees lien on a post shall stand terminated on

his acquiring a lien on a permanent post (Whether under Central
Govt./ State Govt.) outside of the cadre of which he is borne.

Channel: Asit Government Rule Guru

The right of Lien subject to condition:
The junior most person in the cadre will be liable to be reverted
to the lower post/service/cadre if at any time the number of
persons so entitled is more than the posts available in that cadre/
service.If the Officer himself is the juniormost,he will be reverted to
the next lower grade from which he was earlier promoted.

Channel: Asit Government Rule Guru

No Lien of a Govt. Servant will be retained

 On foreign service/deputation beyond the maximum limit

admissible under the orders of the Govt. issued from time to time.

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FAQ
1. If any employee goes on immediate absorption basis to another
Govt. Organisation, but he kept on probation.In this case whether
his lien will be maintained in parent organisation ?

Answer: If employee goes on immediate absorption

basis but he has been kept on probation,means he
has not been confirmed.Hence his lien will be
maintained in Parent Organisation.
Channel: Asit Government
Rule Guru
2. If any employee goes to another Govt. Organisation after technical
resignation, but he kept on probation and he want to return to his
previous organisation. What will be the service scenario after returning
to the previous organisation?

Answer: 1. His seniority will be maintained in the previous

organisation.
2. The period spent in another Department which he had joined
after submitting his technical resignation will not count for
minimum qualifying service for promotion in the higher post.
3. He will get the notional increment for the periods he was not
available in the organisation.

Channel: Asit Government Rule

Guru
3. What will be the Procedure for returning to the previous organisation,
if lien is available ?

Answer: The employee concerned should write an

application to his controlling authority comprising all the
facts for reverting to his previous organisation .After that
the same application will be forwarded to his previous
organisation by the by the existing organisation for the
same

Channel: Asit Government Rule

Guru
4. Is the Lien available in case of the employee of a PSU ?

Answer: Yes, available but this is available from PSU

to same PSU or any other Central PSU for a period of
5 years.

Channel: Asit Government Rule

Guru
5. Lien benefit availability in case of Central Govt.,Autonomous Bodies,
PSU and State Govt. ?

Central Autonomous State PSU

Govt Body Govt.
Central YES YES YES NO
Govt
Autonomo YES YES YES NO
us Body
State Govt. YES YES YES NO

PSU NO NO NO YES
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Rule Guru
Autonomous Body to Central Govt/State Govt.
Autonomous bodies i.e. Kendriya Vidyalaya Sangathan, EPFO etc.
have adopted the rules and regulations of Central Govt. of Technical
resignation and Lien.
In this case Lien facility shall be available until and unless the
Autonomous Body do not have their separate regulations on Lien.
Case of Surendra kumar v/s Kendriya Vidyalaya Sangathan.

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Government Rule Guru