A permanent employee's lien in a department continues until it is terminated unilaterally or the employee is permanently absorbed in another department.

Headnote:
LIEN - RAJASTHAN SECRETARIAT - PERMANENT EMPLOYEE - LIEN CONTINUES DESPITE TRANSFER TO OTHER DEPARTMENTS - DENIAL OF OPPORTUNITY FOR SECOND SCREENING - ENTITLEMENT TO APPOINTMENT AS UPPER DIVISION CLERK AND OFFICE SUPERINTENDENT GRADE III - CREATION OF SUPERNUMERARY POST.
Fact of the Case:

The petitioner, a permanent employee of the former Jaipur State, was transferred to the Rajasthan Secretariat after the merger of the state. He worked as an Office Superintendent in the Secretariat from 1949 to 1952 but was not selected by the Screening Committee for permanent appointment. He was then transferred to various departments in an officiating capacity and never permanently absorbed in any of them. In 1956, he was selected by the Rajasthan Public Service Commission for the post of Office Superintendent Grade III but was not appointed substantively. He filed a writ petition seeking a declaration that his lien in the Rajasthan Secretariat continued and that he was entitled to be appointed as Upper Division Clerk and Office Superintendent Grade III.
Finding of the Court:

The court held that the petitioner's lien in the Rajasthan Secretariat continued despite his transfer to other departments as he was never permanently absorbed in any of them. It also held that the petitioner was denied the opportunity to avail the benefit of the second screening for the post of Upper Division Clerk in 1954, which was a clear discrimination. The court further held that the petitioner was entitled to be appointed as Upper Division Clerk and Office Superintendent Grade III from the respective dates of selection by the Screening Committee and the Rajasthan Public Service Commission.
Issues: 1. Whether the petitioner's lien in the Rajasthan Secretariat continued despite his transfer to other departments? 2. Whether the petitioner was denied the opportunity to avail the benefit of the second screening for the post of Upper Division Clerk in 1954? 3. Whether the petitioner was entitled to be appointed as Upper Division Clerk and Office Superintendent Grade III from the respective dates of selection by the Screening Committee and the Rajasthan Public Service Commission?
Ratio Decidendi: 1. A permanent employee's lien in a department continues until it is terminated unilaterally or the employee is permanently absorbed in another department. 2. Denial of an opportunity to avail the benefit of a second screening for a post is a clear discrimination. 3. A person selected by the Screening Committee or the Rajasthan Public Service Commission for a post is entitled to be appointed substantively to that post.
Final Decision: The writ petition was allowed. The court directed the respondents to fix the petitioner in the Rajasthan Secretariat as Upper Division Clerk from February 1, 1954, and thereafter as Office Superintendent Grade III from November 6, 1956, and treat him as such for all benefits including promotion and the benefits of fixation of any under the Rajasthan Civil Services (Revised Pay Scale) Rules, 1961, the Rajasthan Civil Services (Revised Pay Amendment) Rules, 1966, and the Rajasthan Civil Services (New Pay Scale) Rules, 1969.

JUDGMENT

1. - This is a very unfortunate case where although the petitioner has retired on March 19, 1974, yet his lien has not yet been determined by the Government till date.

2. The facts which are relevant for the disposal of this case stated in brief are as follows :

The petitioner in the present case was initially appointed as Vernacular Clerk in the former Jaipur State with effect from Sept 2, 1938. Thereafter the petitioner came to hold various posts which need not be mentioned here, as I do not think them relevant for the disposal of this petition. When the former Jaipur Stale was merged in the State of Rajasthan, the petitioner was transferred as Personal Assistant to the Hon'ble Premier, as he was designated then, and was appointed as Office Superintendent with effect from November 3, 1949 after having been selected by a Screening Committee consisting of the Chief Secretary and the Principal Private Secretary to the then Premier. The petitioner worked as an Office Superintendent in the Secretariat from November 3, 1949 to October 27, 1952 and was put in the grade of Rs. 125-10-225-EB-15-350 in the Unified Pay Sca1e Rules, 1950 and was also given two increments in the years 1951 and 1952. In pursuance of the Government circular dated, January 17, 1952 (Ex 5) and the Government circular dated May 21, 1952 (Ex 6), the case of the petitioner was referred to the Screening Committee along with other employees of the Secretariat. The petitioner was not selected by the Screening Committee and so he was transferred in the Maharaja College and then in the office of the CID Police and ultimately in the office of the Superintending Engineer, Irrigation, Jaipur in October, 1952. It may be stated here that the transfer of the petitioner in all the above mentioned departments was on temporary basis. In the office of the Superintending Engineer, Irrigation, the petitioner was fixed in the grade Rs. 150-250 which was the grade of Office Superintendent Grade III. In the year 1956 the petitioner's case along with other non selected Office Superintendents was referred to the Rajasthan Public Service Commission for screening in pursuance of Order Ex 10. By that order the Government directed that candidates for permanent fixation as Office Superintendent in various departments would be selected by the Raj Public Service Commission. In pursuance of the aforesaid order Ex 10 the petitioners, case was referred to the Rajasthan Public Service Commission which recommended the petitioner's name for substantive appointment in the office of the Superintendent Grade III on November 6, 1956.

3. The specific case of the petitioner is that the petitioner was a permanent employee of the Rajasthan Secretariat and on being selected by the Rajasthan Public Service Commission he should have been substantively appointed as Office Superintendent Grade III in the Rajasthan Secretariat, but he was not appointed in substantive capacity in the Rajasthan Secretariat. On the other hand, the petitioner was shunted off to the office of the Collector, Jaipur and that too in officiating capacity. From the office of the Collector the petitioner was again transferred to the Land Records Office, there too in an officiating capacity. In the year 1957 the petitioner was sent to the erst-while Electrical and Mechanical Department and thereafter he was sent to the Rajasthan State Electricity Board. In all the departments the petitioner was never permanently absorbed, but his appointment was made in officiating capacity. The petitioner further averred in the writ petition that the Deputy Secretary to the Government of Rajasthan issued an order on, January 28, 1960 (Ex. 11) whereby it wrote to the Chief Engineer, Irrigation, Rajasthan to absorb the petitioner permanently, but the Chief Engineer declined to do so on the ground that the petitioner was never permanently absorbed in his office and so he was unable to substantively appoint the petitioner in his office. It has been fu

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1977 Supreme(Raj) 240

RAJASTHAN HIGH COURT AT JAIPUR BENCHM.L Joshi, J.Mahadeo Lal - AppellantVersusState of Rajasthan & ors. - RespondentS.B. Civil Writ Petition No. 880 of 1973.Decided On : 21-04-1977

A permanent employee's lien in a department continues until it is terminated unilaterally or the employee is permanently absorbed in another department.

RAJASTHAN HIGH COURT AT JAIPUR BENCH
M.L Joshi, J.
Mahadeo Lal - Appellant
Versus
State of Rajasthan & ors. - Respondent
S.B. Civil Writ Petition No. 880 of 1973.
Decided On : 21-04-1977