STATE OF RAJASTHAN & ANR. versus S.N.TIWARI & ORS.

Citation: [2009] 4 S.C.R. 448 · Decided: 16-03-2009 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Dismissed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2009] 4 S.C R 448 
A 
STATE OF RAJASTHAN & ANR. 
• 
v 
S.N.TIWARI & ORS. 
Civil Appeal No.1609 of 2009 
MARCH 16, 2009 
B 
( S.B. SINHA, B. SUDERSHAN REDDY AND DR. 
MUKUNDAKAM SHARMA, JJ ) 
SERVICE LAW: 
c 
Lien -
Termination of - HELD. Lien of a government 
servant over the post to which he was substantively appointed 
ends if he is appointed to another substantive post on 
permanent basis - Mere fact that employee continued to work 
for a long period to the latter post would not result in loss of 
D 
lien in parent department - In the instant case, no objection 
was raised when the employee gave his option duly informing 
all <;oncerned that his lien in parent department was to be 
maintained for the purpose of promotion to higher post! 
protection of financial interests etc. - In such view of the matter, 
E 
employee concerned always had his lien in his parent 
department. 
WORDS AND PHRASES : 
'Lien' -
Meaning of in the context of service law -
F 
Explained. 
The respondent, an Investigator Grade-II in the 
Department of Economic and Industrial Surveys of 
Government of Rajasthan, though was declared as 
surplus, but was deputed to work in the Directorate of 
G 
Medical and Health Services, and on 3.12.1980 was 
appointed on purely temporary and urgent basis as a 
.. 
Homeopathic Doctor under ESI Scheme for a period of 
six months or till the selection of a candidate by the Public 
Service Commission. The respondent continued in that 
H 
448 
-
STATE OF RAJASTHAN & ANR. V. 
449 
S.N.TIWARI & ORS. 
capacity till his superannuation on 31.12.1994. Meanwhile, A 
in response to a letter from the Directorate of Economic 
and Statistics, the respondent by a letter dated 8.4.1991 
exercised his option to have his lien continued in the 
Subordinate Statistical Services for the purposes of 
protection of financial interests/promotions to higher B 
posts in Statistical Services. The respondent filed W.P. No. 
4832/91 before he High Court seeking directions to the 
Health Department not to send him back to the parent 
department. Six years thereafter, he filed another writ 
petition being WP 1663/97 seeking directions against c 
Directorate of Economic and Statistics to recompute the 
vacancies from 1964 onwards and to give him seniority, 
promotions and consequential financial benefits from the 
date his junior was promoted from the post of Statistical 
Inspector to Deputy Director. The writ petition 0 
was allowed. W.P. No. 4832/91 was dismissed as not 
pressed. 
In the instant appeals it was contended for the 
appellant-State Government that the respondent having 
joined Medical and Health _Services Department as E 
Homeopathic Doctor and superannuated as such, was 
not entitled to claim promotion and other benefits in 
Economic and Statistics Department after 1980. 
Dismissing the appeals, the Court 
HELD: 1.1 The term "lien" comes from the Latin term 
"ligament" meaning "binding". The meaning of lien in 
service law is different from other meanings in the context 
of contract, common law, equity, etc. The lien of a 
F 
• • 
government employee in service law is his right to hold a G 
permanent post substantively to which he has been 
permanently appointed. [para 14] [455-G-H; 456-A] 
Triveni Shankar Saxena Vs. State of UP 1992 Supp (1) 
sec 524 - relied on. 
H 
... 
450 
SUPREME COURT REPORTS 
[2009] 4 S.C.R. 
A 
1.2 It is very well settled that when a person with a 
• 
lien against the post is appointed substantively to another 
post, only then he acquires a lien against the latter post. 
Then and then alone the lien against the previous post 
disappears.· Lien connotes the right of a civil servant to 
B hold the post substantively to which he is appointed. The 
lien of a government employee over the previous post 
ends if he is appointed to another permanent post on 
permanent basis. In such a case the lien of the employee 
shifts to the new permanent post. It may not require a 
c formal termination of lien over the previous permanent 
post. [para 13) [456-E-F] 
Ram Lal Khurana Vs. State of Punjab (1989) 4 SCC 99 
- relied on. 
D 
1.3 The High Court upon appreciation of the material 
available on record found that lien of the respondent 
always continued in the Department of Economics and 
Statistics. His urgent temporary appointment as 
Homeopathic Doctor by order dated 3.12.1980 was not a 
E substantive appointment for any definite period. The mere 
fact that the respondent continued to work for a fong 
period itse

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