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F.R. 14

Chapter III — General Conditions of Service

Text of the ruleపాఠం

(a) [The State Government] shall suspend the lien of a Government servant on a permanent post which he holds substantively if he is appointed in a substantive capacity :—

[G.O.Ms.No. 12, Fin. & Plg. (FW:FR.I) Dept., Dt. 7-2-1995]

(1) to a tenure post, or

(2) Omitted by G.O. Ms. No. 81, Finance, Dt. 20-4-1970.

(3) Provisionally, to a post on which another Government servant would hold a lien not been suspended under this rule.

(b) [The State Government] may, at its option, suspend the lien of a Government servant on a permanent post which he holds substantively if he is deputed out of India or transferred to foreign service, or, in circumstances not covered by clause (a) of this rule, is transferred, in an officiating capacity to a post in another cadre, and in any of these cases there is reason to believe that he will remain absent from the post on which he holds a lien for a period of not less than three years ;

[G.O.Ms.No. 81, Fin., Dt. 20-4-1970 & G.O.Ms.No. 12, Fin., Dt. 7-2-1995]

(c) Notwithstanding anything contained in clause (a) or (b) of this rule, a Government servant's lien on a tenure post may in no circumstances be suspended. If he is appointed substantively to another permanent post, his lien on the tenure post must be terminated ;

(d) If a Government servant's lien on a post is suspended under clause (a) or (b) of this rule, the post may be filled substantively and, the Government servant appointed to hold it substantively shall acquire a lien on it ; provided that the arrangements shall be reversed as soon as the suspended lien revives ;

Note 1 :—This clause applies if the post concerned is a post in a selection grade of a cadre. Note 2 :—When a post is filled substantively under this clause the appointment will be termed a provisional appointment ; the servant appointed will hold a provisional lien on the post ; and that lien will be liable to suspension under clause (a) but not under clause (b) of this rule.

(e) [ x x x ] A Government servant's lien which has been suspended under clause (a) of this rule shall revive as soon as he ceases to hold a lien on a post of the nature specified in sub-clause (1) or (3) of that clause.

[Omitted by G.O.Ms.No. 384, Fin. (FR.I) Dept., Dt. 6-10-94]

(f) A Government servant's lien which has been suspended under clause (b) of this rule shall revive as soon as he ceases to be on deputation out of India or on foreign service or to hold a post in another cadre, provided that a suspended lien shall not revive because the Government servant takes leave, if there is reason to believe that he will, on return from leave, continue to be on deputation out of India or on foreign service or to hold a post in another cadre and the total period of absence on duty will not fall short of three years or that he will hold substantively a post of the nature specified in sub-clause (1) or (3) of clause (a). (G.O.Ms.No. 81, Finance, Dt. 20-4-1970)

[(g) The Lien of (i) a Government employee, appointed outside the regular line from the date of his relief; (ii) a Government employee who resigned/are relieved from a post to join in a different post to which he is selected by direct recruitment, from the date of his resignation/relief from the old post; and (iii) a Government employee who is transferred from one department to another on request or otherwise by way of departmental transfers from the date of his relief shall stand automatically suspended even if it is not mentioned in such orders and such Govt. employees shall automatically acquire provisional lien in the new departments, in which they join].

[G.O.Ms.No. 144, Fin. & Plg. (FW:FR.I) Dept., Dt. 19-5-2009]

Rulingsరూలింగ్స్ 8

Provisionally substantive appointments
(1)

(1) The period of three years prescribed in this rule applies to the probable duration of the absence of any particular officer from his own substantive appointment and not to the permanency of the post to which he is transferred. In case of posts sanctioned for a shorter period and subsequently extended to three years, suspension of lien is permissible from the date of the creation of temporary post; but whether provisionally substantive arrangement is permissible from the date or from any subsequent date is a matter which is entirely at the discretion of the head of the office or of the Government. [G.I.F.D. No. 172, CSR., Dt. 10-3-1913]

(2)

(2) The term 'cadre' used in Rule 14(b) will, according to the definition in Rule 9(4) as amended in the Government of India, Finance Department Resolution No. F.I. (9)-RI/36, dated the 9th July, 1936, apply to all the posts in a service sanctioned as a separate unit. The expression 'separate unit' is meant to cover all posts in service appointments to which are made by the same authority.

(3)

(3) The expression 'separate unit' in the above sub-paragraph is intended to apply to posts in different offices or establishments and not to those in the same office or establishment.

(4)

(4) The suspension of the lien of any officer-under Rule 14(b) is permissible only in the case of transfers to another service and not where an officer in the subordinate service is promoted to the corresponding State service.

(5)

(5) With effect from the 27th November, 1944, the suspension of lien under Rule 14(b) is not permissible when a Government servant holding a lien on a permanent post is promoted to another post in the same service or department.

(6)

(6) The Commissioner of Land Revenue is empowered to suspend the lien of the members of its staff deputed to the districts as Tahsildars and Deputy Tahsildars.

(7)

(7) The Director of School Education/Collegiate Education is empowered to suspend the lien of the members of the staff of his office transferred to the Educational Subordinate Service provided that the conditions laid down in Rule 14(b) are satisfied.

Executive instructionsకార్యనిర్వాహక ఆదేశాలు 1

Instruction under Rule 14(b)

The lien of an officer cannot be suspended while he is on probation in another post. If the officer completes the period of probation satisfactorily, suspension of lien may be made with retrospective effect from the date on which the officer was transferred to other duty, provided that the conditions in Rule 14 (b) are otherwise satisfied.

Notes and notificationsగమనికలు 1

Delegation under Rule 14(b)

A head of department is empowered to suspend a lien in respect of any post to which it or an authority subordinate to it can appoint.

Amendment timelineసవరణల కాలక్రమం

References: ordersఆధారాలు: ఉత్తర్వులు 2

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