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Rule 12 - Lien on Posts | KartavyaDesk

FR/SR

Original Rule Text

F.R. 12. De1eted F.R. 12-A. Unless in any case it is otherwise provided in these rules a government servant on acquiring a lien on a post will cease to hold the lien previously acquired on any other post.

What This Means

FR 12-A, part of the Fundamental Rules, deals with the concept of 'lien' in government service. Simply put, a lien is your right to hold a permanent post. This rule states that if you gain a lien on a new post, you automatically lose the lien you had on any previous post. Think of it like having a guaranteed parking spot – you can only have one at a time. This ensures clarity and avoids complications regarding seniority and promotion opportunities.

This rule applies to all government servants governed by the Fundamental Rules, unless there's a specific exception mentioned elsewhere in the rules. It's crucial for understanding your rights and obligations related to your permanent position within the government. Understanding this rule helps in making informed decisions about accepting new positions and their impact on your career progression.

Essentially, FR 12-A prevents a government employee from simultaneously holding a permanent claim on multiple positions. This promotes administrative efficiency and fairness in career advancement opportunities.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • •FR 12-A governs the concept of 'lien' on government posts.
  • •Acquiring a lien on a new post automatically terminates any previous lien.
  • •The rule applies to all government servants under the Fundamental Rules, unless specifically exempted.
  • •The purpose is to prevent holding multiple permanent claims simultaneously.
  • •Understanding this rule is crucial for career planning and understanding your rights.

Practical Example

Ms. Priya Sharma was initially appointed as a Junior Assistant in the Ministry of Finance with a permanent lien on that post. After three years, she cleared the departmental exam and was promoted to Senior Assistant in the Department of Personnel and Training. Upon joining the new post as Senior Assistant, she automatically lost her lien on the Junior Assistant post in the Ministry of Finance. Now, her lien is only on the Senior Assistant position. If, for some reason, she were to revert from the Senior Assistant post (e.g., due to unsuitability during probation), she would not automatically be entitled to her old Junior Assistant position. She would need to be considered for available vacancies.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

What exactly is a 'lien' in government service?▼
A lien is your right to hold a permanent post in government service. It's essentially your claim to that position.
Are there any exceptions to FR 12-A?▼
Yes, the rule states 'unless in any case it is otherwise provided in these rules.' This means specific rules might override FR 12-A in certain situations, such as deputation.
What happens if I am on deputation to another department?▼
The rules regarding lien during deputation are complex and often involve specific orders. Generally, you retain a lien on your parent department post while on deputation, but this is subject to specific conditions and time limits.
If I resign from a post where I had a lien, can I reclaim that lien later if I rejoin government service?▼
No, resignation typically terminates your lien permanently. Rejoining would be considered a fresh appointment, and you would need to acquire a new lien on a new post.
Does this rule affect my seniority?▼
Yes, lien is directly related to seniority. Your seniority is generally counted from the date you acquired a lien on a post. Losing a lien can impact your seniority in the previous department.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Test Your Knowledge

Question 1 of 3

According to F.R. 12-A, what happens when a government servant acquires a lien on a new post?

Related Rules

Rule 36Fundamental Rules & Supplementary Rules - Rule 36 - Chapter IIRule 10Fundamental Rules & Supplementary Rules - Rule 10 - Chapter IIRule 1Fundamental Rules & Supplementary Rules - Rule 1Rule 114Fundamental Rules & Supplementary Rules - Rule 114 - Chapter VIIRule 113Fundamental Rules & Supplementary Rules - Rule 113 - Chapter VII

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