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2015 Supreme(Mad) 3043
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. MANIKUMAR & M. VENUGOPAL, JJ.
State of Tamil Nadu & Ors. - Applicants
Vs.
S. Nagaraj & Ors. – Respondents
REV. APPLN. No. 217 OF 2015 CONT. PETN. No. 545 of 2014
Decided On : 10.2015
Advocate Appeared:
For the applicants in Rev.Application & respondent in Cont. Petition:Mr. P.H. Arvind Pandian Addl. Advocate General
For the respondent 1 in Rev. Application & petitioner in Cont. Petition: Mr. L. Chandrakumar
Headnote:
The issue in this case is whether the respondent, who was initially selected and appointed to the post of Steno-Typist through Employment Exchange in Animal Husbandry Department, Chennai, and later recruited by transfer to the post of Assistant in the Governor's Secretariat, Chennai, on 04.02.1988, holds a lien in the post of Steno-Typist in the Animal Husbandry Department. The court held that the respondent does not hold a lien in the post of Steno-Typist in the Animal Husbandry Department and that his lien shifted to the post of Assistant in the Governor's Secretariat upon his recruitment and appointment to that post.
Fact of the Case:
The respondent was initially selected and appointed to the post of Steno-Typist through Employment Exchange in Animal Husbandry Department, Chennai. Later, he was recruited by transfer to the post of Assistant in the Governor's Secretariat, Chennai, on 04.02.1988. He served in the Governor's Secretariat for eight years before being relieved of his duties and directed to report back to the Animal Husbandry Department. The respondent filed a writ petition challenging the order of his transfer back to the Animal Husbandry Department. The writ court and the appellate court both held in favor of the respondent and directed the Governor's Secretariat to reinstate him in his position. The Secretary to the Government, Animal Husbandry Department, and two others filed a review petition, which was dismissed by the court.
Finding of the Court:
The court held that the respondent does not hold a lien in the post of Steno-Typist in the Animal Husbandry Department and that his lien shifted to the post of Assistant in the Governor's Secretariat upon his recruitment and appointment to that post. The court relied on the following principles in reaching its decision: * A lien is a right of a civil servant to hold a post substantively to which he is appointed. * A lien is not a word of art and has no fixed meaning. It just connotes the right of a civil servant to hold the post substantively to which he is appointed. * Generally, when a person with a lien against a post is appointed substantively to another post, he acquires a lien against the latter post. Then the lien against the previous post automatically disappears. * The principle being that no Government servant can have simultaneously two liens against two posts in two different cadres. * It is a well accepted principle of service jurisprudence.
Issues: Whether the respondent holds a lien in the post of Steno-Typist in the Animal Husbandry Department.
Ratio Decidendi: The court held that the respondent does not hold a lien in the post of Steno-Typist in the Animal Husbandry Department and that his lien shifted to the post of Assistant in the Governor's Secretariat upon his recruitment and appointment to that post. The court relied on the following principles in reaching its decision: * A lien is a right of a civil servant to hold a post substantively to which he is appointed. * A lien is not a word of art and has no fixed meaning. It just connotes the right of a civil servant to hold the post substantively to which he is appointed. * Generally, when a person with a lien against a post is appointed substantively to another post, he acquires a lien against the latter post. Then the lien against the previous post automatically disappears. * The principle being that no Government servant can have simultaneously two liens against two posts in two different cadres. * It is a well accepted principle of service jurisprudence.
Final Decision: The court dismissed the review petition filed by the Secretary to the Government, Animal Husbandry Department, and two others.
S. MANIKUMAR, J.
Respondent, S. Nagaraj, was initially selected and appointed to the post of Steno-Typist through Employment Exchange in Animal Husbandry Department, Chennai, and he joined the said post on 01.08.1983. His services were regularised in the said post on 25.06.1984. He has completed his probation. While so, Secretary to the Governor, Governor's Secretariat, Chennai, State of Tamil Nadu, in his letter, dated 01.09.1987, addressed to all the Heads of Departments in the City of Madras, notified that two posts of Assistants in the Governor's Secretariat, have to be filled up. In the said letter, the Secretary to the Governor, State of Tamil Nadu, has stated, that the method of appointment is, by recruitment by transfer, from among Junior Assistants and Personal Clerks, eligible for appointment as Junior Assistant in the Tamil Nadu Ministerial Service. The qualification prescribed for the said post and the method of recruitment for appointment to the two posts of Assistants in the Governor's Secretariat as per the letter, dated 01.09.1987, are as follows :
Recruitment by Transfer :
(1) must hold a B.A., or B.Sc., B.Com.
(2) must have passed the Government Technical Examinations in Typewriting and Shorthand in English and Tamil or English only, by the Higher Grade.
There were other conditions as well. The Secretary to the Governor, State of Tamil Nadu, vide letter, dated 01.09.1987, has requested all the Heads of Departments in the City of Madras, to suggest names of willing candidates, satisfying the qualifications for selection and appointment, as Assistant in the Governor's Secretariat, on transfer. Pursuant to the said request, the respondent has submitted his application for the said post, in the Governor's Secretariat.
2. Material on record discloses that vide letter No.7502/G3/87, dated 14.01.1988, the Secretary to the Governor, has informed the Director of Animal Husbandry, Chennai that the respondent, S. Nagaraj, has been selected for appointment as Assistant in the Governor's Secretariat, Raj Bhavan. Vide letter of the Governor's Secretariat, dated 20.01.1988, the respondent was to be relieved. Accordingly, the Director of Animal Husbandry, Chennai, has issued proceedings in R.C.No.206848/R2/87, dated 20.01.1988, relieving the respondent from the post of Steno-Typist, Directorate of Animal Husbandry, Chennai, with effect from 20.01.1988 A.N., and that he was directed to join the Governor's Secretariat, in the Forenoon of 21.01.1988. The respondent has been further instructed to hand over the responsibilities of the post of Steno-Typist to the Personal Assistant, Mrs. Elizabeth Annabai, in the office of the Directorate of Animal Husbandry, Chennai. The latter has been directed to take over the responsibilities of the post of Steno-Typist, from the respondent, S. Nagaraj. Both have been directed to report the details of handing over and taking over immediately. Material on record further discloses that vide office proceedings No.752/G3/87, dated 04.02.1988, the Secretary to the Governor, Governor's Secretariat, has issued an order, appointing the respondent, as Assistant with effect from 21.01.1988. Order, dated 04.02.1988, reads as follows:
"GOVERNOR'S SECRETARIAT
OFFICE ORDER No.7502/03/87, DATED : 4.2.1988
Sub : Establishment -Governor's Secretariat – Thiru. S.Nagaraj, Steno-Typist, Directorate of Animal Husbandry -Appointed as Assistant in the Governor's Secretariat on transfer – Ordered.
Ref : 1. Letter No.7502/G3/87, Governor's Secretariat, dated 1.9.87.
2. Letter No.142209/R2/87, dated 25.9.87 of the Director of Animal Husbandry, Madras.
3. Letter No.7502/G3/87, Governor's Secretariat, dated 14.1.1988.
4. Proceedings No.206848/R2/87, dated 20.1.88 of the Director of Animal Husbandry, Madras.
Under sub-rule 4 (iii) of Rule 4 of the Tamil Nadu Secretariat Service Rules (Section 29), Thiru S. Nagaraj, Acting Steno-Typist, Directorate of Animal Husbandry, Madras, is appointed as Acting Assistant in the Govern
