Lien – My Blog

Its termination — Held: that the lien of a permanent civil servant against a post cannot be terminated unless he is permanently adjusted/appointed in the borrowing department. Naseem Abbas Shah and another v. Imran Shaffi and 6 others 2014 SCR 1022 (C)
The technical training wing of the Industries Department along with posts, budget and assets including substantive post of the appellant had been shifted to TEVTA department — Held: the lien of the appellant has already been shifted to TEVTA and now the appellant cannot claim any right in the Industries, Commerce and Labour department. Raja Shoukat Ali Khan v. The Secretary S&GAD 2015 SCR 449 (A)
Further held: — The lien of a permanent civil servant can only remain intact if he is not permanently absorbed in the borrowing department — It is settled principle of law that the lien of a permanent civil servant cannot be terminated even with his consent unless he is confirmed against some other permanent post. Raja Shoukat Ali Khan v. The Secretary S&GAD 2015 SCR 449 (B) 1992 SCMR 435, 2004 SCMR 67 & 2000 SCMR 1780 rel.
The lien of a permanent civil servant can only remain intact if he is not permanently absorbed in the borrowing department. It is settled principle of law that the lien of a permanent civil servant cannot be terminated even with his consent unless he is confirmed against some other permanent post. Raja Shoukat Ali khan v. Secretary Services & 22others 2015 SCR 1105 (A) 1992 SCMR 435, 2014 SCMR 67 and 2000 SCMR 780 rel.
—purpose of —option for the civil servant to re-join the parent department—in case he faces hardships in transferee department— lien period cannot be considered as ad-hoc or temporary appointment— cannot be regarded that the provision of lien in the parent department is provided just for the purpose that in case there is any hardship for a civil servant in the transfree department he/she may re-join the service in the parent department. On the basis of provision of lien, a regular induction of a civil servant made by transfer cannot be given any other meaning. Shoukat Ali Mughal vs Secretary Service & others 2018 SCR 177 (A)