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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURSEWAK SINGH – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The present civil writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the impugned letter dated 08.01.2026 (Annexure P-13). Further, for issuance of a writ in the nature of mandamus directing the respondents to re-join the petitioner to the post of Fireman with all consequential benefits.
2. Learned counsel for the petitioner inter alia contends that the petitioner was appointed to the post of Fireman on 06.03.2024, as discernible from Annexure P-1, and he joined his duties on 11.03.2024 with respondent No.2-Municipal Council. Subsequently, he was selected for the post of Clerk- cum-Data Entry Operator with the Education Department and received an appointment letter on 10.02.2025 (Annexure P-3). On 20.03.2025 (Annexure P-4), the petitioner submitted an application seeking acceptance of his resignation and requesting that his post be kept on lien to enable him to join the Education Department. Respondent No.3 accepted his resignation on 28.03.2025 stating that the case for keeping the post on lien would be considered in the upcoming Municipal Council meeting, a
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.
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....
A government servant loses their lien on a previous post upon confirmation in a new permanent position, affecting eligibility for benefits tied to the former post.
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.
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 legal distinction between temporary and permanent employment status is paramount, where temporary appointments do not confer permanent rights, influencing termination rights.
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