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Govt staffer can rejoin parent dept before confirmation: HC

Court Allows Haryana Resident To Rejoin As Police Constable

Chandigarh: The Punjab and Haryana high court has made it clear that a permanent govt employee retains a lien on the parent post during probation in another govt department and has the right to revert to the original post before confirmation in the new department.

The high court passed the se orders while allowing a Haryana Police constable to re-join service after he earlier submitted a technical resignation to join the Indian Rail ways.



The matter reached the court following a petition filed by Inder Singh, seeking directions to set aside the Haryana Police’s order dated June 24, which rejected his request to rejoin duty. Singh was appointed as a constable in the Haryana Police on March 2, 2019.

He later applied for a position as Technical Grade-III in the railways and tendered a technical resignation from the police, which was accepted on Feb 22. However, after joining the railways, Singh decided to return to the police service and sought permission to rejoin, which the authorities denied.

The state opposed the plea on the grounds that once a resignation, technical or other wise, was accepted, there was no provision under the Punjab Police Rules, 1934, or the Haryana Police (Non-Gazetted) Service Rules, 2017, to allow re-enlistment. After hearing the matter, the bench observed that the Haryana Civil Services (General) Rules, 2016, which apply to police officials, explicitly recognise the concept of lien, technical resignation, and rejoining.

The high court passed these orders while allowing a Haryana Police constable to rejoin service after he earlier submitted a technical resignation to join the Indian Railways.

Justice Bansal cited Rules 28 to 30 of the 2016 Rules, observing that a permanent govt employee retains a lien on the parent post during pro-bation in another govt department.

Since Inder Singh was not confirmed in the railways, the court held that he retained a lien on his post in the Haryana Police and was entitled to return. “The petitioner was holding a regular post and continued to have a lien till confirmation by the subsequent department. He had a right to come back to his parent department,” the court stated, adding that the contrary interpretation by the state would render the concept of lien meaningless.

The bench directed the police department to permit the petitioner, Inder Singh, to resume his duties within four weeks.

For case specific advice, get in touch with Service Lawyers Punjab and Haryana High Court District Court Chandigarh Panchkula Mohali Derabassi Kharar State Commission

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Yes, a lien on a previous government job is retained before confirmation in the new department, allowing an employee to revert to their original post. This right to a lien is for a limited period, typically two years, but can be extended in exceptional cases, and it ends once the employee is confirmed in the new department. [1, 2, 3, 4] 

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Key points

• What is lien? Lien is the right of a permanent government employee to hold a regular post, whether permanent or temporary, on a regular basis. It’s essentially the right to return to the original post.

• How it works: When a permanent employee takes a new job in another department, they can tender a “technical resignation” and retain a lien on their previous post for a specific period.

• Confirmation: The lien is terminated automatically once the employee is confirmed in the new department.

• During the lien period: The employee has the option to go back to their original post. The new post is often advertised as a “lien vacancy” to reflect this possibility.

• Time limit: The standard period for retaining a lien is two years, but this can be extended to three years in exceptional cases, such as when confirmation in the new department is delayed.

• Reverting to the old job: If the employee decides to revert, they must do so within the lien period. A recent court ruling clarified that a government employee retains the right to rejoin their parent department before confirmation in the new one, even after submitting a technical resignation.

• Undertaking: The employee may be required to sign an undertaking to this effect when they apply for the new post. [1, 2, 3, 4, 5, 6] 

AI responses may include mistakes.

[1] https://www.quora.com/I-found-a-central-government-job-opportunity-mentioned-as-on-Lien-vacancy-Is-it-safe-to-join-the-job-with-on-Lien-vacancy
[2] https://doptcirculars.nic.in/OM/ViewOM.aspx?id=279&headid=14
[3] https://www.pib.gov.in/newsite/PrintRelease.aspx?relid=195079
[4] https://timesofindia.indiatimes.com/city/chandigarh/govt-employee-retains-right-to-rejoin-parent-dept-before-confirmation-elsewhere-hc/articleshow/125205624.cms
[5] https://www.icmr.gov.in/icmrobject/uploads/Circular/1732598086_12_2.pdf
[6] https://icar.org.in/sites/default/files/Circulars/Mainteinance%20of%20lien%20of%20scientific%20incumbents.pdf