Termination of lien of a permanent Government servant on his substantive appointment to another Government post
[Memo. No. 43778/2059/F.R./63-1, Fin. (F.R.) Dept., Dt. 3-10-1963]
Order :—Under F.R. 14 (a)/H.C.S.R.17 (a) Government/a competent authority shall suspend the lien of a Government servant on a permanent post which he holds substantively, if he is appointed in a substantive capacity to any permanent post outside the cadre on which he is borne under F.R. 14-A(b)/H.C.S.R. 18(b), such suspended lien may not, except on the written request of the Government servant concerned, be terminated while he remains in Government service. This implies that positive action has to be taken by Government for termination of lien; otherwise the Government servant would continue to hold lien on the substantive appointment in his cadre.
According to Note below F.R. 14-A(a) in case where a Government servant fails to give his consent to the termination of his suspended lien causing inconvenience to his parent Department/Office the competent authority may refuse consent to a Government servant being confirmed or retained in a permanent post outside his cadre on which he is borne unless he makes a written request that his lien on the permanent post in his parent Department/Office should be terminated.
Instances have come to notice of Government where no action has been taken by the authorities concerned to terminate the suspended lien of the Government servant in such cases. In view of the position explained in para 1 above Government impress on all the competent authorities the necessity of taking action for termination of the suspended lien in such case immediately on confirmation of the Government servants concerned in the post outside his parent cadre and of issuing the necessary order in this behalf.