Lien

 Lien

(i) Lien represents the right of a Government employee to hold a regular post, whether permanent or temporary, either immediately or on the termination of the period of absence. The benefit of having a lien in a post/service/cadre is enjoyed by all employees who are confirmed in the post/service/cadre of entry or who have been promoted to a higher post, declared as having completed the probation where it is prescribed. It is also available to those who have been promoted on regular basis to a higher post where no probation is prescribed under the rules, as the case may be.

(ii) The above right will, however, be subject to the condition that the junior-most person in the cadre will be liable to be reverted to the lower post/service/cadre if at any time the number of persons so entitled is more than the posts available in that cadre/service. For example, if a person who holds a lien to a post reverts from deputation or foreign service and if there is no vacancy in that post/service/cadre to accommodate him, the junior-most person will be reverted. If, however, this officer himself is the junior-most, he will be reverted to the next lower post/service/cadre from which he was earlier promoted.

Lien on a post

A Government servant who has acquired a lien on a post retains a lien on that post—

(a) while performing the duties of that post;
(b) while on foreign service, or holding a temporary post or officiating in another post;
(c) during joining time on transfer to another post; unless he is transferred substantively to a post on lower pay, in which case his lien is transferred to the new post from the date on which he is relieved of his duties in the old post;
(d) while on leave; and
(e) while under suspension.

DLFJS

A Government servant on acquiring a lien on a post will cease to hold any lien previously acquired on any other post.

IREC-I

239. Lien-Unless in any case it is otherwise provided in these rules, a Railway servant on acquiring a lien on a post will cease to hold the lien previously acquired on any other post. 

240. Retention of Lien-  A Railway servant who has acquired lien on a post retains the lien on that post— 

(a)        while performing the duties of that post;

(b)        while on foreign service, or holding a temporary post, or officiating in another  post;

(c)        during joining time on transfer to another post, unless he is transferred alongwith his title to a post  on lower pay , in which case his lien transferred to the new post from the date on which he is relieved of his duties in the earlier post; and

(d)        while on leave; and

(e)        while under suspension; 

Provided that no lien of a railway servant shall be retained; 

(i)        where a Railway servant has proceeded on immediate absorption basis to a post or service outside his service/cadre/post in the Government from the date of absorption; and

(ii)        On foreign service/deputation beyond the maximum limit admissible under the orders of the Government issued from time to time. 

241.  Omitted.       (Authority: Rly. Board’s Letter No.E(NG)I-98/CN5/2, dot. 5-2-99.) 

 242.  Termination of Lien-(a)  Except as provided in Rule 240 and clause (b) of this rule a  Railway servant’s  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. 

(b) A Railway servant’s lien on a post shall stand terminated on his acquiring a lien on another post (whether under the Central Government or State Government) outside the cadre on which  he is borne. 

 243.Transfer of Lien-Subject to the provisions of Rule 227 a competent authority may transfer to another post in the same cadre, the lien of a Railway Servant  who is not performing the duties of the post to which the lien relates. 

{ 227. A competent authority may transfer a Railway servant from one post to another provided that, except:-  

(1)     On account of inefficiency or misbehavior, or 

(2)     On his written request, 

A Railway servant shall not be transferred to, or except in a case or dual charge, appointed to officiate in a post carrying less pay than the pay of the post on which he holds a lien.  

(Authority:- Railway Board’s letter No. E(NG)I-98/CN5/2 dt.5-2-99) 

 228. Retention of lien on transfer.—The lien of a permanent staff transferred to another railway  will be retained by the transferring railway till he is finally absorbed on the other railway. }