I. P. Mukerji, J. - (1.) In government school service at the secondary level there is a system of retaining lien on a particular post. It happens in this way. If an employee has an opportunity to serve in an authorized higher post, he is granted extraordinary leave not exceeding a stipulated period. In this stipulated period he retains a lien over the original post. He has to come back within that period. This lien is lost if "he leaves" that authorized post or does not "return" after the stipulated period.
(2.) The Government of West Bengal recognized this lien with regard to the teaching and non-teaching service in recognized teaching institutions. It made and published a notification, 79-Edn(s) dated 28th January, 1994. It is in the following terms: "13 Lien: (1) A teacher or non-teaching employee of an institution on confirmation in a permanent post shall acquire a lien on the post. (2) Such teacher or non-teaching employee seeking permission to serve in a higher post in another recognized institution or college within West Bengal or to accept other service within the West Bengal where teaching experience is essential, may be granted extraordinary leave, referred to in rule 12, without pay for a period, not exceeding two years, with permission to retain lien. (3) The lien shall automatically terminate if such teacher or non-teaching employee- (a) is permanently absorbed in his/her post in the other institution, (b) leaves the post for which the lien was granted, or (c) does not return after completion of two years, whichever is earlier."
(3.) From 20th July, 1983. the appellant was an assistant teacher in Baduria Dilip Kumar Memorial Institution (first school). His appointment was approved by the respondent on 7th November, 1984. From 1st April, 2004 he got and availed of the job of the head master in Chhoto Sehara High School (second school). The government approved this and allowed him to retain a lien on his original post for the period of 1st April. 2004 till 31st March, 2006. On 13th April, 2005 he left this school and became head master of Kharampur High School (third school). The office of the District Inspector of Schools granted the appellant permission or approval to rejoin the first school. On 29th March, 2006, he resigned from that post and once again joined the first school. Thereafter more than three years passed. The appellant functioned as assistant teacher in the original school drawing his pay and availing of all other benefits.;