Do you know What is Retention & Suspension of a Lien

Retention of a Lien:

Unless his lien is suspended under rule 23 or transferred under rule 26, a Government servant holding substantively a permanent post retains a lien on that post-

• while performing the duties of that post;
• while on foreign service or holding a temporary post, or officiating in another post, or holding a post the pay of which the charged to works or contingencies;
• during joining time on transfer to another post, unless he is transferred substantively to a post on lower pay, in which case lien is transferred to the new post from the date on which he is relieved of his duties in the old post;
• while on leave other than refused leave granted after the date of retirement;
• while under suspension.

Suspension of a Lien:

1. A competent authority shall suspend the lien of a Government servant on a permanent post which he holds substantively if he is appointed in a substantive capacity-
2. (a) to a tenure post, or
3. (b) provisionally, to a post on which another Government servant would hold linen had his line not been suspended under this sub-rule.
4. A competent authority may, at its option, suspend the lien of a Government servant on a permanent post which he holds substantively if he is deputed out of Indian or transferred to foreign service or in circumstances not covered by su-rule (1) of this rule is transferred, whether in a substantive or in an officiating capacity, to a post in another cadre, and if in any of these case there is reason to believe that he will remain absent from the post on which he holds a lien for a period of not less than three years.
5. Notwithstanding anthing, contained in sub-rule (1) or (2) of this rule, a Government servant's line on a tenure post may in no circumstances be suspended. If he is appointed substantively to another permanent post, his lien on the tenure post must be terminated.
6. If a Government servant's lien on the post is suspended under sub-rule (1) or (2) of this rule, the post may be filed substantively and the Government servant appointed to hold it substantively shall acquire a lien on it; provided that the arrangements shall be revered as soon as the suspended lien revives.
7. A Government servant's lien which has been suspended under sub-rule (1) of this rule shall revive as soon as he ceases to hold a lien on a post of the nature specified in sub-rule (1) (b).
8. A Government servant's lien which has been suspended under sub-rule (2) of this rule shall revive as soon as he ceases to be on deputation out of India or on foreign service or to hold a post in deputation out of India or on foreign service or to hold a post in another cadre, provided that a suspended lien shall not revive because the Government servant takes leave if there is reason to believe that he will, on return from leave, continue to be on deputation out of India or on foreign service or to hold a post in another cadre and the total period of absense on duty will not fall short of three years or that he will hold substantively a post of the nature specified in clause (a), or (b) of sub-rule (1).

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