Deepjyoti Kalita vs Union Of India And Others

Vipin Sanghi, CJ

Amendment Application (I.A. No. 03 of 2022)

1) This application has been moved by the petitioner to seek amendment of the writ petition. The amendment has been sought with a view to raise a challenge to the resolution passed by the Governing Body of the All India Institute of Medical Sciences, Rishikesh, held on 26.03.2022. Since by the said resolution, the A.I.I.M.S., Rishikesh, inter alia, decided that considering the interest of the Institute in terms of academic and patient care services, no lien will be granted to any employee and this should be the uniform decision and standard rule in the Institute.

2) The amendment application has been filed as a consequence of the respondent-Institute filing a short affidavit along with which, the minutes of the Governing Body meeting held on 26.03.2022 has been placed on record, which contains the aforesaid resolution under Agenda No. GB : 5/21. The amendment is premised on the plea that the petitioner has a right to maintain his lien on the permanent post at A.I.I.M.S., Rishikesh, while he accepts the employment offered to him by A.I.I.M.S., Guwahati. For this purpose the petitioner places reliance on Fundamental Rule 13 which, insofar as it is relevant, reads as follows :

“F.R. 13. A Government servant who has acquired lien on a post retains the lien on that post, –

(a) while performing the duties of that post;

(b) while on foreign service, or holding a temporary post, or officiating in another post;

(c) during joining time on transfer to another post; unless he is transferred along with his title to a post on lower pay, in which case his lien is transferred to the new post from the date on which he is relieved of his duties in the earlier post; and

(d) while on leave; and

(e) while under suspension.”

3) We are not inclined to allow the amendment application since we find that the legal plea sought to be urged by the petitioner by way of amendment is not tenable in law. Fundamental Rule 13 proceeds on the basis that where a Government servant “has acquired lien on a post”, in that eventuality, he shall retain his lien on that post in the circumstances enumerated in Clauses (a) to (e) of the Fundamental Rule 13. The said Rule does not state that the employee who has got employment in another organization is entitled, as a matter of right, to retain his lien in the parent organization. There is no corresponding obligation cast on the parent organization to grant the lien to an employee who wishes to take up employment with another organization. In our view, there is no vested right to the petitioner to seek the lien on his post which he is presently holding at A.I.I.M.S., Rishikesh.

4) This application (IA No. 03 of 2022) is, therefore, merit-less and is, hereby dismissed.

WRIT PETITION (S/B) NO. 379 of 2022

5) In the light of the aforesaid discussion, we find no merit in the petition. The writ petition stands dismissed accordingly.

Interim Relief Application (IA No. 01 of 2022) also stands disposed of.