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GANESH RAM MEENA
Shiv Kumar S/o Late Shri Sohan Lal – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. The factual matrix of the case is that the petitioner was initially appointed on the post of Biologist after being selected through direct recruitment conducted by the Rajasthan Public Service Commission (for short ‘the RPSC’) under the Medical and Health Department and was posted at Bharatpur and later on he was confirmed on the post of Biologist in State service w.e.f. 10.09.1982 vide order dated 25.09.1982.
The petitioner in the meantime was selected as Deputy Assistant Director (Entomology) with National Institute of Communicable Disease, Ministry of Health, Government of India and an order dated 02.10.1982 was issued in regard to his relieving for joining on the post of Deputy Assistant Director (Entomology) keeping his lien with the State Government for one year. In furtherance of the selection and relieving, the petitioner joined on the post of Deputy Assistant Director (Entomology) by maintaining his lien with the Government of Rajasthan.
2. The Office of Deputy Chief Medical and Health Officer (Malaria), Bharatpur on 24.05.1983 issued one No Objection Certificate (for short ‘the NOC’) to the petitioner for taking up a job under the Ministry of Health Kingdom of Sau
The main legal point established in the judgment is that the concept of 'lien' under the Rajasthan Service Rules, 1951 entitles a government servant to maintain their substantive appointment and rejo....
Point of Law : It is very well settled that when a person with a lien against post is appointed substantively to another post, only then he acquires a lien against latter post.
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....
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.
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....
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