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2018 Supreme(Manipur) 33
IN THE HIGH COURT OF MANIPUR AT IMPHAL
KH. NOBIN SINGH, J.
R.K. Lalit Singh - Appellant
Versus
State of Manipur and Ors. - Respondents
W.P. (C) No. 213 of 2018
Decided On : 17-12-2018
Advocate Appeared:
For the Appellant :Kh. Tarunkumar, Advocate
For the Respondents:Y. Ashang, Government Advocate
The main legal point established in the judgment is that a government servant continues to have his lien in the State Government if he has not acquired a lien on the new post, as per the interpretation of Fundamental Rules.
Headnote:
Lien - Registrar Appointment - FR-9(13), FR-9(30-A), FR-13, FR-14-A - The court discussed the provisions of Fundamental Rules (FR) related to the title of a government servant to hold a post, tenure post, retention of lien, and termination of lien. The court interpreted the provisions and held that the petitioner continues to have his lien in the State Government as he has not acquired a lien on the new post, i.e., the Registrar, NIT.
Fact of the Case:
The petitioner, appointed as the Registrar of NIT, Manipur, sought extension of his service lien beyond 3 years, which was terminated by the State Government. The petitioner contended that the post of Registrar is a tenure post of 5 years and the termination of his lien was contrary to the Office Memorandum dated 05.01.1994.
Finding of the Court:
The court found that the petitioner continues to have his lien in the State Government as he has not acquired a lien on the new post, i.e., the Registrar, NIT.
Issues: The issues revolved around the extension of the petitioner's service lien for the post of Registrar, NIT, Manipur, and the interpretation of Fundamental Rules related to the retention and termination of lien.
Ratio Decidendi: The court interpreted the Fundamental Rules and held that the petitioner continues to have his lien in the State Government as he has not acquired a lien on the new post, i.e., the Registrar, NIT.
Final Decision: The court allowed the writ petition and quashed the Government order dated 07-03-2018 issued by the Commissioner (Hr. & Tech. Edn.), Government of Manipur.
JUDGMENT :
Kh. Nobin Singh, J.
1. Heard Shri Kh. Tarunkumar, learned Advocate for the petitioner and Shri Y. Ashang, learned Government Advocate for the State respondents.
2. By the instant writ petition, the petitioner has prayed for issuing a writ of certiorari to quash and set aside the order dated 07.03.2018 and to direct the respondents to allow the petitioner to continue as the Registrar of NIT, Manipur till the completion of 5 (five) years term as prescribed for the said post.
3.1. Facts and circumstances as narrated in the petition, are that on 05.06.1994, the Deputy Secretary, Department of Personnel and Training, Ministry of Personnel Public Grievances and Pensions, Government of India issued an Office Memorandum as regards the transfer on deputation/foreign service of Central Government employees to ex-cadre posts under the Central Government/State Government/Public Sector undertakings/Autonomous Bodies etc. wherein there are provisions which provide for tenure of deputation/foreign service and in particular, para 8.1 which provides that the period of deputation/foreign service shall be subject to a maximum of 3 (three) years in all cases except for those posts where a longer period of tenure is prescribed in a recruitment rules.
3.2. The post of Registrar in the NIT, Manipur is governed by a recruitment rules whereby it is to be filled up by way of direct recruitment failing which on deputation or on contract basis for a tenure period of upto 5 (five) years or till attaining the age of 62 years whichever is earlier or as fixed by the Government of India by orders issued in this regard from time to time. On 12.10.2012, the Director, NIT, Manipur issued a notification for filling up one post of Registrar laying down the essential qualifications and experience for the said post. As per the statute of NIT, Manipur, the Registrar is to be appointed for a fixed term of not exceeding 5 (five) years on deputation or contract basis. The petitioner being eligible for appointment to the post of Registrar, NIT, applied for it through proper channel. The petitioner was selected by a Selection/Interview Board for appointment to the post of Registrar in the NIT, Manipur under the recruitments rules as is evident from the letter dated 30.07.2013 of the Director, NIT whereby the petitioner was informed that he had been selected for appointment to the said post of Registrar. In the said letter, it has been clearly stated that the appointment to the said post of Registrar is on probation for a period of one year from the date of joining the said institute and the confirmation for the rest of the tenure period will be done only after the satisfactory completion of the probationary period. The tenure of the post of Registrar is for a period of 5 (five) years or till attaining the age of 62(sixty two) years whichever is earlier or as fixed by the Government of India in this regard from time to time.
3.3. After the petitioner having been selected for appointment to the post of Registrar, the Under Secretary (Hr. Edn.), Government of Manipur issued an order dated 26.08.2013 by which the petitioner was released from the Department of Higher Education, Government of Manipur so as to enable him to join the post of Registrar, NIT, Manipur. In the said release order, it has been clearly stated that the retention of his service lien shall be for one year extendable up to the period permissible under the rules. On 23.07.2014, the petitioner submitted an application to the Department of Higher Education, Government of Manipur praying for extension of his service lien, on the basis of which his service lien was extended for a term of one year vide order dated 23.08.2014. Similarly, the petitioner submitted another application dated 23.07.2015 for extension of his service lien which was duly allowed and accordingly, an order dated 16.09.2015 was issued by the Deputy Secretary (Hr.& Tech. Edn.), Government of Manipur extending his service lien for another
