SATYA PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicants, in the OA, are aggrieved by the impugned direction of the respondents of not granting lien to them even though they all applied through proper channel for the post of Junior Accountant and after due selection joined the said post in the Department of Telecommunications (hereinafter referred to as DoT) on probation for a period of two years. They had claimed the lien in terms of statutory provision i.e. SR -13 (GID 2(2) below FR 13). They have referred to FR 14 -A which provides that a Government servants lien on a post, in no circumstances, can be terminated, even with his consent, if the result will be to leave him without a lien or a suspended lien upon a permanent post. The brief facts are that the applicants while working as Upper Division Clerk (UDC) in the Ministry of Defence applied for being considered in vacant post of Group C in the DoT circulated vide Circular dated 12.08.2009 and applied for the post of Sr. Accountant through proper channel. The Ministry of Communications thereafter offered appointments to the applicants on the post of Junior Accountant with the stipulation that the appointee would be on probation for a period of two years from the date of joining. The applicants thereafter submitted their technical resignations from the posts they were holding in the Ministry of defence. On 28.09.2010, the Ministry of Defence accorded approval for acceptance of Technical Resignation without lien for taking appointment with the Ministry of Communications. It is stated by the applicants that some of the other Government employees from the other departments who had also applied and joined Group C post in pursuance of Circular dated 12.08.2009 and were similarly placed, have been granted lien on the earlier posts as per the rules and regulations and the terms enumerated in FRSR. They duly submitted resignations to the Competent Authority requesting them to grant lien but they have not been granted statutory lien. They have, therefore, filed this OA seeking the following reliefs: -

(2.) A counter affidavit has been filed on behalf of the respondents in the Ministry of Defence stating the facts of the matter and referring to the Circular of August, 2009 of the DOT advertising vacancies for the posts of Lower Division Clerk, Junior Accountant and Sr. Accountant for transfer on permanent/absorption basis. In response to the said Circular, a number of AFHQ employees had applied for the same and in a special case, approval was granted for forwarding applications of such eligible candidates who had applied for a higher grade. The Adm/Est. Sections were directed that while forwarding applications, it may be mentioned that in the event of selection on permanent transfer/absorption, the applicants would have to resign from the AFHQ Cadre and no lien on the post, if any, acquired by them would be retained. The applications were accordingly forwarded mentioning the same. The candidates, who were offered appointments in DoT while submitting applications for technical resignation had requested for acceptance of the same with lien which, however, was accepted by the Cadre Controlling Authority without lien since the lien was not applicable in the case of appointment through absorption as per Proviso (i) to FR 13 which provides as under: -

(3.) BOTH parties were heard. Learned Counsel for the applicant placed reliance on proviso (i) to FR 13. He also referred to FR 14 -A(a) which provides that "except as provided in Rule 13 and Clause (d) of this rule, a Government servants lien on a post may in no circumstances be terminated, if the result will be to leave him without a lien upon a regular post." On the other hand, the Counsel for the respondents reiterated the facts in the counter reply and the provisions to proviso (i) to FR 13. He also referred to the fact that the technical resignations of the applicants were also accepted with the clear stipulation without lien.