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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
Ravikumar B.C., S/o. Late B.S. Channakeshavaiah – Appellant
Versus
State Of Karnataka, Department Of Medical Education, Represented By Its Principal Secretary – Respondent
ORDER :
ASHOK S. KINAGI, J.
1. The petitioner filed this writ petition seeking for the following reliefs:
(i) To call for records from respondents pertaining to the impugned order dated 30/10/2025 (Annexure-W) quashing the impugned order dated 30.10.2025 bearing No.Med 12 Kum 2025, passed by respondent No.1 (Annexure-W) and consequently, direct respondent Nos.1 to 3 to continue the petitioner as Principal, Hassan Institute of Medical Sciences, Hassan and grant all consequential benefits to the petitioner."
2. Brief facts leading rise to the filing of this writ petition are as follows:
3. The petitioner was appointed as a Professor in the Department of Dermatology at respondent No.2 Institute on 31.07.2006 and he reported for duty on 01.08.2006. The Cadre and Recruitment Rules, 2013 (‘Rules of 2013’, for short) for teaching staff of respondent No.2 - Institute, have been framed by respondent No.3, in accordance with the Memorandum of Association and the Rules and Regulations of 2013. A Notification was issued inviting the eligible candidates for a walk-in interview for the said post, prescribing the requisite qualifications and experience, on 26.07.2014. In continuation of the said Notif
Temporary appointments in autonomous institutions do not confer permanent status or lien, maintaining the original cadre's substantive post as the employee's right.
A government servant cannot hold two liens simultaneously; termination of a lien on a permanent post requires acquisition of a lien on another permanent post outside the original cadre.
The court clarified that a relieving order related to a new appointment does not equate to resignation, thereby preserving the lien on the original post until permanent absorption occurs.
Pensionary benefits - If a government servant seeks employment in another unit or department or in another cadre or grade in same department under Rules, his/her lien on original appointment shall be....
An employee cannot claim the right to retain his lien under his old employer once he has been selected by a new employer, unless the relevant Rules so provide.
Employment and Service matter - Right to retain his lien on post of Associate Professor - Non Objection certificate issued by respondent - Whether Justified - Respondents are justified in claiming th....
The relationship between employees and a private unaided educational institution is governed by ordinary contract law, not public employment principles, thus no lien on the post can be claimed after ....
The main legal point established in the judgment is that the appointment of the Dean cum Director must be made in accordance with the Regulations and Rules, and the State Government was directed to c....
Petitioner is entitled to claim only benefits of service as per Office Memorandum and not entitled to continue in the post as Director (Operations and Technical) till completion of his term of 5 year....
The central legal point established is that an employee must meet specific conditions, including confirmation as a permanent employee, to claim the right of lien on a post.
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