A lien on a previous permanent post is not automatically maintained when an employee resigns from one distinct autonomous body to join another, unless specific statutes apply and a technical resignation is explicitly accepted by the competent authority.

ORDER :

Petitioner has filed this writ petition under Article 226 of the Constitution of India making following prayer:-

(i) To issue a writ in the nature of mandamus directing the respondent nos. 2 and 3 to grant lien to the petitioner, till the petitioner is on probation with the respondent nos.4 and 5.

(ii) To hold that as the petitioner has been appointed at respondent nos. 4 and 5, through proper channel as in service candidate and therefore, the petitioner is entitled for lien on the post of Assistant Professor in the respondent no.2 University.

(iii) Any other relief this Hon'ble Court may deem fit.

(iv) Cost may be awarded to the petitioner."

2. Learned Senior Counsel appearing for the petitioner submitted that petitioner holds lien on the post in Nana Ji Deshmukh Veterinary Science University, Jabalpur therefore, he may be permitted to come back.

3. Learned Senior Counsel relied upon the judgment passed in case of State of Rajasthan and another Vs. S. N. Tiwari and others , (2009) 4 SCC 700. The Supreme Court held in para 17 which is reproduced as under:-

"17. It is very well settled that when a person with a lien against the post is appointed substantively to another post, only then he acquires a lien against the latter post. Then and then alone the lien against the previous post disappears. Lien connotes the right of a civil servant to hold the post substantively to which he is appointed. The lien of a government employee over the previous post ends if he is appointed to another permanent post on permanent basis. In such a case the lien of the employee shifts to the new permanent post. It may not require a formal termination of lien over the previous permanent post."

4. Learned senior counsel appearing for petitioner has placed reliance on judgment passed by Apex Court in case of L.R. Patil Vs. Gulbarga University, Gulbarga , 2023 LiveLaw (SC) 748. In said case appellant was appointed as Junior Assistant in Bangalore University. He was transferred to Gulbarga University on 21/07/1981 and promoted to post of Assistant Office Superintendent. Eventually, vide order dated 07/08/1987 he was promoted to the post of Office Superintendent on completion of one year probation period and was substantively appointed on post of Office Superintendent. Subsequently in 1993 University invited applications for appointment to the post of Assistant Registrar via direct recruitment. Appellant applied for said post and was selected. He had to serve for period of two years as probationer before confirmation on said post. Respondent University relieved appellant from post of Office Superintendent on 04/02/1993. Appellant joined on post of Assistant Registrar in respondent University. Appellant’s appointment was challenged by two candidates who were later promoted to the post of Assistant Registrar by University. Due to pendency of Writ Petition appellant continued on probation on the post of Assistant Registrar and was not confirmed. Writ petitions were allowed and appointment of appellant was quashed. Writ Appeals were also dismissed. Appellant filed an application to join on previous post of Office Superintendent with immediate effect. It was held that appellant L.R. Patil has not maintain lien over previous post of Office Superintendent with approval of competent authority as required under General Rules of Karnataka Civil Services. Apex Court held that lien of Government servant on previous post is protected till his or her continuation on probation period on the new post. Intention is to protect the past service of Government servant in cases where Government servant is not confirmed or absorbed substantially on the new post.

5. Learned senior counsel submitted that in aforesaid case petitioner has changed his employment from Bangalore University to Gulbarga University in different establishment. Lien of appellant therein was held to be maintained in Bangalore University as petitioner could not be confirmed on post of Assistant Registrar in