IMPORTANT POINT
On appointment to a permanent post, be it under the Central Government or the State Government, outside the cadre on which he is borne, his lien on the previous permanent post stands terminated on his acquiring a lien in a permanent post.

ORDER

Leave granted.

2. While Dr. S.N. Kacker, an eminent professor in Otorphinolaryngology, was working as professor and Head of the ENT Department in the respondent-AIIMS, an advertisement had come to be made on June 29, 1990 for appointment to the post of Director of the AIIMS on regular basis. Pursuant thereto, he had applied for and was selected by the Committee for appointment as a Professor. He came to be appointed by the Institute Body with the concurrence of the Government of India. He assumed the office on October 11, 1990 for a period of five years. His tenure came to an end on October 15, 1995. We are not concerned with the interlude of his tenure being not extended as an interim Director pending regular selection. The question that emerges for consideration is: whether on expiry of five years tenure as Director, he would be entitled to go back as a Professor and Head of the ENT Department till i.e attains his superannuation on July 31, 1998 ? When he filed writ petition in the High Court seeking one of the above reliefs, the Division Bench of the High Court in the impugned judgment made on July 19,1996 in Writ Petition No. 3865/95 has rejected his claim holding that on appointment as Director, he ceased to be a Professor and he could not revert to the ENT Department. Thus, this appeal by special leave.

3. Shri Arun Jaitley, learned senior counsel appearing for the appellant has elaborately argued the case. Shri D.D. Thakur, learned senior counsel and Ms. Mukta Gupta, learned counsel for the respondents have resisted the contentions. The question arises : whether the appellant on ceasing to be a Director on and from October 15, 1995 could revert to and continue in the post of Professor of the ENT Department till he attains the superannuation? The main emphasis laid by Shri Jaitley is that the post of Director is not a permanent post. As per Regulation 22 of the Regulations of the AIIMS, there are only two categories of posts, namely, permanent post and temporary post; the tenure post is neither a permanent post nor a temporary post and that, therefore, on completion of his tenure as Director, he is entitled to revert to the post of Professor as Head of the Department in the ENT Department. In his absence, one Dr. R. Ghosh was appointed as Professor and Head of the Department while the appellant retained his post as a Professor as disclosed from the Re solution passed by the Governing Body and approved by the Institute Body. The appellant, therefore, had not ceased to be a Professor. In that behalf, he laid great emphasis on Regulation 30A of the Regulations which envisages putting an end to the tenure post either by the Institute Body by giving notice of three months or pay in lieu thereof or on the incumbent s himself ceasing to be a Director voluntarily giving three months notice. It would, therefore, indicate that the post of Director is not a permanent post. Thereby, the appellant had not lost his lien in the post as a Professor and Head of the ENT Department.

 4. Shri Thakur, on the other hand, contended that even assuming that the appellant was permitted to continue as a Professor and Head of the ENT Department, it is only on account of the mutuality of the functioning of the two posts without there being incompatibility in the discharge of duties, that he was permitted to continue as Professor, but his primary appointment was to the post of Director of the Institute and that, therefore, he could not continue as Professor after he assumed office as Director, so as to get reverted to the post of Professor and Head of the ENT Department of the Institute on expiry of tenure in the post of Director. Mrs. Gupta further contended for the respondent AIIMS that the Fundamental Rules apply to the AIIMS; on permanent Government servant could continue on two permanent posts simultaneously; the advertisement itself indicated that the post of Director is a permanent post; though it is a tenure post on selection, he was a