AI Overview...
- Retention of Lien - The time limit for an employee to rejoin service after availing leave or being on lien is generally governed by specific rules and court orders. In several cases, courts have emphasized that failure to rejoin within the stipulated period results in the loss of lien or right to reentry. For instance, in SANJAY SINGH YADAV Vs AIRPORT AUTHORITY OF INDIA AND ANR. - Delhi, the court noted that since the petitioner did not rejoin within the granted opportunity, their lien was not retained, and relief was denied. Similarly, in Sanjay Singh Yadav VS Airport Authority of India - Delhi, the petitioner’s failure to rejoin despite multiple opportunities led to the dismissal of their claim. SANJAY SINGH YADAV vs AIRPORT AUTHORITY OF INDIA AND ANR. - Delhi, Prateek Gupta VS State of Himachal Pradesh - Himachal Pradesh, and [Daya Shankar Tiwari
VS Union of India (UOI) -
Allahabad](https://supremetoday.ai/doc/judgement/02500041085) highlight that courts often grant extensions or opportunities but stress that these are not indefinite, and failure to act within the prescribed time results in forfeiture of lien or re-entry rights.
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Court Orders and Opportunities to Rejoin - Courts have repeatedly emphasized that opportunities granted for rejoining are time-bound and must be availed within the specified period. For example, in SANJAY SINGH YADAV vs AIRPORT AUTHORITY OF INDIA AND ANR. - Delhi, the court observed that the petitioner was given an opportunity to rejoin by 23.07.2018 but failed to do so, impacting their claim. The courts have also clarified that mere existence of leave or lien does not guarantee re-employment if the employee does not comply with the prescribed procedures or timelines.
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Rules and Regulations - The relevant rules, such as the Himachal Pradesh Judicial Officers (Pay and Conditions of Service) Act, 2003, and general service rules, specify time limits for rejoining and conditions for retention of lien. These rules typically allow for extensions but emphasize that the employee must rejoin within a reasonable period, failing which the lien is considered lapsed. Prateek Gupta VS State of Himachal Pradesh - Himachal Pradesh and [Daya Shankar Tiwari
VS Union of India (UOI) -
Allahabad](https://supremetoday.ai/doc/judgement/02500041085) discuss the importance of adhering to these rules for retention of service rights.
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Summary - The main insight across the sources is that the retention of lien or rejoining rights is subject to strict time limits established by law and court orders. Failure to rejoin within these limits generally results in the forfeiture of those rights, and courts tend to uphold these rules to maintain administrative discipline and clarity in service matters.
References:
- Sanjay Singh Yadav VS Airport Authority of India - Delhi
- Prateek Gupta VS State of Himachal Pradesh - Himachal Pradesh
- MINI VARGHESE vs SMT MINI GEORGE Advocate -SMT BHAVANA VELAYUDHAN - Kerala
- TULSIDAS PAUL VS SECOND LABOUR COURT OF WEST BENGAL - Calcutta
- Pradeep Kumar Singh vs Union of India - Delhi
- SANJAY SINGH YADAV Vs AIRPORT AUTHORITY OF INDIA AND ANR. - Delhi
- SANJAY SINGH YADAV vs AIRPORT AUTHORITY OF INDIA AND ANR. - Delhi
- Daya Shankar Tiwari
VS Union of India (UOI)
- Allahabad
Search Results for "Retention of Lien Time Limit for Apllication to Rejoin the Service"
2024 0 Supreme(Del) 247 • India - Delhi
TUSHAR RAO GEDELA
However, due to the petitioner's failure to rejoin the respondent's services despite opportunities granted by the court, no relief ... However, due to the petitioner's failure to rejoin the respondent's services despite opportunities granted by the court, no relief ... However, due to the petitioner's failure to rejoin the respondent's services despite opportunities granted by the court, no relief ... (iii) The Manager, HR, Northern Region on 29.05.2017, wrote a letter to Executive Di....
2020 0 Supreme(HP) 549 • India - Himachal Pradesh
SANDEEP SHARMA
Lien - Judicial Services - Himachal Pradesh Judicial Officers (Pay and Conditions of Service) Act, 2003, Fundamental Rules, Supplementary ... (Pay and Conditions of Service) Act, 2003. ... of Civil Judge and the condition imposed on him to forego his seniority and past service benefits. ... In the case at hand, the petitioner well within time i.e. prior to expiry of two years has sought permission to rejoin his parent cadre against the post he was having lie....
2017 Supreme(Online)(KER) 46273 • India - High Court of Kerala
P.V.ASHA, J
Issues: Whether the 5th respondent had a valid right to rejoin after extended leave and if the petitioner had any claim to ... Ratio Decidendi: The court highlighted that while the rules permitted significant leave durations, the rights to rejoin were ... Court: The court found that the leave granted to the 5th respondent complied with existing rules and affirmed her right to rejoin ... Only their right to rejoin Government service in the same entry cadre is protected, as if, they were new entrants i....
1963 0 Supreme(Cal) 78 • India - Calcutta
B.N.BANERJEE
Whether the Labour Court erred in rejecting the petitioner's application to summon other workmen as parties to the proceeding. 3 ... The Labour Court did not err in rejecting the petitioner's application to summon other workmen as parties to the proceeding, as the ... the petitioner's contention that the Labour Court erred in not allowing them to be represented by a lawyer and in rejecting their application ... Ghosh the general proposition that an order of dismissal must be founded on misconduct admitted of exceptions, one exception bei....
• India - Delhi High Court
JYOTI SINGH
(A) Constitution of India - Article 226 - Service Law - Termination of probationary employee - Petitioner, with significant background ... with the employer; judicial review of performance assessment by Courts is limited - No entitlement to confirmation by efflux of time ... Savinder Kaur in LPA 51/2018 decided on 04.09.2018 wherein, the Respondent had filed a writ petition before the learned Single Judge seeking retention of lien. ... Upholding the claim of the Respondent for retention of lie....
2024 Supreme(Online)(DEL) 9555 • India - High Court of Delhi
(iii) The Manager, HR, Northern Region on 29.05.2017, wrote a letter to Executive Director, HR for approval of Competent Authority for retention of lien of the Petitioner. ... That apart, he brings attention of this Court to the additional affidavit filed by the respondent on 05.09.2023 to submit that since the petitioner did not avail of the opportunity granted by this Court vide order dated 23.07.2018 to rejoin the service of the respondent and participate in the PET, the ... ), while actually being in regular #HL_STA....
2024 Supreme(Online)(DEL) 22530 • India - Delhi High Court
(iii)The Manager, HR, Northern Region on 29.05.2017, wrote a letter to Executive Director, HR for approval of Competent Authority for retention of lien of the Petitioner. ... ), while actually being in regular service of another institution. ... It is apparent from the perusal of the aforesaid orders that this Court had granted an opportunity to the petitioner to rejoin the services of the respondent on 23.07.2018. ... In case the petitioner was earnest in his efforts to rejoin....
2004 0 Supreme(All) 1707 • India - Allahabad
RAKESH TIWARI
A.-1 to the counter-affidavit wherein in Clause (2) a general principle has been enumerated for retention in service in alternative employment. According to it, ordinarily permanent low medical category personnel will be retained in service till completion of 15 years service in the case of J. C. ... From the above report of the Specialist, it is evident that the petitioner at that time was asymptomatic i. e. , there was no sign of disease and it was recommended that the petitioner be placed in medical ....
1981 0 Supreme(J&K) 73 • India - Jammu and Kashmir
I.K.KOTWAL, GH.MOHAMMAD MIR, A.S.ANAND, MUFTI BAHA-UD-DIN FAROOQI
The nature of tae service of a Government servant being such that he has to deal with cases of citizens belonging to all shades of public opinion it is in the interest of the service itself, that the Government servant should belong to no political party, The constitution itself gives the sanction for ... They have all those rights but their exercise is restricted in accordance with the service rules applicable to them. ... In O.K. Ghosh and another V/s E. K. ... Then one should not forget that the purposed law (even if constitutionally v....
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