Rule 14 - Lien Protection
Original Rule Text
F.R. 14. Deleted.
F.R. 14-A.
(a) Except as provided in Rule 13 and Clause
(d) of this Rule, a Government servant's lien on a post may in no circumstances be terminated, if the result will be to leave him without a lien upon a regular post.
(b) Deleted.
(c) Deleted. (d)A Government servant's lien on a post shall stand terminated on his acquiring a lien on another post (whether under the Central Government or State Government) outside the cadre on which he is borne.
F.R. 14-B. Subject to the provisions of Rule 15, the President may transfer to another post in the same cadre, the lien of a Government servant who is not performing the duties of the post to which the lien relates.
F.R.15.
(a) The President may transfer Government servant from one post to another provided that except-
(1) on account of inefficiency or misbehaviour, or (2) on his written request,
a Government servant shall not be transferred to, or except in a case covered by Rule 49, appointed to officiate in a post carrying less pay than the pay of the post on which he holds a lien.
(b) Deleted.
F.R.16. A Government servant may be required to subscribe to a provident fund, a family pension fund or other similar fund in accordance with such rules as the President may by order prescribe.
What This Means
Fundamental Rule 14-A essentially protects a government employee's right to hold a lien (a right to return) on a permanent post. Think of it like having a guaranteed spot. This rule states that your lien on a regular post cannot be terminated if doing so would leave you without any lien on another regular post. In simpler terms, the government can't just take away your claim to a permanent position unless you have another permanent position to fall back on. This ensures job security and prevents employees from being left in a precarious situation. Rule 13 and Clause (d) of Rule 14-A are exceptions to this rule, meaning there are specific circumstances where your lien *can* be terminated, even if you don't have another lien.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Guarantees a government servant's lien on a regular post.
- 2Lien cannot be terminated if it leaves the employee without any lien on a regular post.
- 3Protects job security and prevents employees from being left without a permanent position.
- 4Exceptions exist under Rule 13 and Clause (d) of Rule 14-A.
Practical Example
Ms. Sharma, a Section Officer in the Ministry of Finance, is selected for a 2-year deputation to the NITI Aayog. During her deputation, her lien on her post in the Ministry of Finance remains intact. According to FR 14-A, the Ministry cannot terminate her lien on the Section Officer post simply because she is on deputation, as this would leave her without a lien on any regular post. However, if Ms. Sharma were to be permanently absorbed into NITI Aayog, and she accepts that permanent position, her lien on the Section Officer post in the Ministry of Finance would be terminated as she now holds a lien on a new permanent position.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Cross References
Frequently Asked Questions
What is a 'lien' in the context of government service?▼
Can my lien be terminated if I go on long leave?▼
What are the exceptions to FR 14-A?▼
Does this rule apply to temporary government employees?▼
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 Fundamental Rule 14-A, under what condition can a government servant's lien on a post NOT be terminated?