Issues for consideration: Whether the order passed by the RespondentUniversity pursuant to r.252(b), Karnataka Civil Service Rules, relieving the appellant to accept another appointment ought to be treated as an order accepting resignation; and further on facts, whether on joining the new post, the appellant’s lien on the previous post will be maintained until he is permanently absorbed in the new department in which he is subsequently appointed; and lastly is the appellant entitled to the relief prayed. Service Law – Karnataka Civil Service Rules – r.252(b), r.20, Note
4 – Lien of a government servant on the previous post, when ceases to exist:
Held: ‘Lien’ of a government servant only ceases to exist when he/she is appointed on another post ‘substantively’/confirmed or absorbed permanently – Otherwise, his/her lien would continue on the previous post – In the instant case, lien of the appellant on the previous post of ‘Office Superintendent’ is squarely protected and his lien shall be continued u/r.20, Note 4 as he was never appointed substantively on the new post of ‘Assistant Registrar’ and was continued temporarily on the said post subject to the outcome of the pending litigation challenging his appointment – This fact also finds support from the Preamble of the Resolution of the University dated 23.12.2000 – Further, the appointment of appellant to the new post was subject to probation of two years and due to pending litigation, he was continued on a temporary basis despite completion of two years – Further, in terms of r.252(b) relieving order cannot be treated as resignation – Thus, the finding recorded by the Writ Appellate Court not sustainable – Appellant entitled to all the service benefits including seniority, consequential promotions and pensionary benefits at par with his juniors, though notionally, since he superannuated on 30.06.2007 and has not worked on the promoted post – Impugned order set aside – Order passed by Single Judge restored subject to modifications. [Paras 17, 18, 20 and 22]
Karnataka Civil Service Rules – r.20, Note 4 – Intention of: Held: As per r.20, Note 4, if a government servant seeks employment in another unit or department or in another cadre or grade in the same department under the Rules, his/her lien on the original appointment shall be continued to be maintained until absorbed in the department or cadre in which he/she is newly appointed. In case the employee is absorbed, he/she shall be entitled to the benefit of the past service for the purpose of leave and pension – Intention of the said rule is to protect the past service of the government servant in cases where the government servant is not confirmed or absorbed substantively on the new post on account of his/her failure to satisfactorily complete the probation period or for any other reason. [Paras
14 and 19]
Words and Phrases – ‘Lien’ – Discussed – Service Law. LIST OF CITATIONS AND OTHER REFERENCES
Sitikanatha Mishra v. Union of India and Others, (2015) 3 SCC 670 : [2015] 1 SCR 16; Ramlal Khurana (Dead) by Lrs. v. State of Punjab & Others, (1989) 4 SCC 99 : [1989] 3 SCR 680; Triveni Shankar Saxena v. State of U.P. and Others, (1992) 1 Supp SCC 524 : [1991] 3 Suppl. SCR 534; State of Rajasthan and Another v. S.N. Tiwari and Others, (2009) 4 SCC
700 : [2009] 4 SCR 448; State of Madhya Pradesh and Others v. Sandhya Tomar and Another, (2013) 11 SCC 357 : [2012] 11 SCR 839 – relied on. Sanjay Gandhi Institute of Trauma & Orthopaedics v. State of Karnataka and Others, Writ Appeal No. 596 of 2020 (S-RES) – referred to. OTHER CASE DETAILS INCLUDING IMPUGNED
ORDER AND APPEARANCES
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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