JUDGMENT :

J.K. MAHESHWARI, J.

1. The appellant assails the tenability and validity of the judgment dated 23.10.2009 of the Division Bench of the High Court of Karnataka, Circuit Bench at Gulbarga passed in W.A. No. 10003 of 2009, by which the order passed by learned Single Judge on 27.08.2008 in W.P. No. 4066 of 2006 allowing the petition holding that the appellant had lien over his previous post and directing respondent-University to pay service and pensionary benefits, was set-aside.

2. In the present case, the short questions of law which fall for consideration are:

(i) Whether the order dated 08.04.1993 passed by the Respondent-Gulbarga University pursuant to Rule 252(b) of Karnataka Civil Service Rules (for short “KCS Rules”) ‘relieving’ the appellant to accept another appointment as ‘Assistant Registrar’ ought to be treated as an order accepting ‘resignation’ to take up the post on new assignment?

(ii) Whether in the facts of the case, on joining the new post, the appellant’s lien on the original/previous post will be continued to be maintained, until he is permanently absorbed in the new department or cadre in which he is subsequently appointed?

(iii) Whether in the facts and cir