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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MR. JUSTICE KARDAK ETE, J, KARDAK ETE
Biswajit Sarma, S/O- Dugdha Nath Sarma – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. petitioner's appointment and lien details. (Para 2 , 4 , 5 , 6 , 7) |
| 2. petitioner's arguments on lien status. (Para 8 , 9 , 10 , 11 , 12) |
| 3. legal principles on lien termination. (Para 14 , 18 , 44 , 45) |
| 4. respondent's counterarguments on lien. (Para 15 , 16 , 17 , 19 , 20) |
| 5. court's observations on lien status. (Para 21 , 22 , 23 , 24 , 30) |
| 6. court's final decision and order. (Para 47 , 48) |
JUDGMENT :
Heard Mr. I. Choudhury, learned Senior Counsel assisted by Mr. T. Das, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned Standing Counsel for the Higher Education Department and Mr. C. Baruah, learned Standing Counsel for the Accountant General, Assam.
3. As the issue involved in these two writ petitions are one and same, were heard analogously and disposed of by this common judgment and order.
5. While serving as an Associate Professor in Civil Engineering (Geology) in Jorhat Engineering College, Jorhat, pursuant to the Advertisement No.NTS- 1/2013, in the month of March, 2013 issued by the Registrar of Gauhati University for the post of Director, College Development Council, Gauhati University, the petitioner offered his candidature by submitting nec
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.
Temporary appointments in autonomous institutions do not confer permanent status or lien, maintaining the original cadre's substantive post as the employee's right.
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 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....
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 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 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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