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. }
