Uttarakhand High Court
WPSB/379/2022 on 8 September, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
AND
THE HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI
WRIT PETITION (S/B) NO. 379 OF 2022
8th SEPTEMBER, 2022
Between:
Deepjyoti Kalita ...... Petitioner
and
Union of India and others ...... Respondents
Counsel for the petitioner : Mr. Siddhartha Sah, learned
counsel
Counsel for the respondents : Mr. Rakesh Thapliyal, learned
Assistant Solicitor General with Mr.
Lalit Sharma, learned Standing
Counsel for the Union of India /
respondent Nos. 1 and 2
The Court made the following:
JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)
Amendment Application (I.A. No. 03 of 2022)
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,
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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;
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(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.
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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.
________________
VIPIN SANGHI, C.J.
___________________
MANOJ KUMAR TIWARI, J.
Dt: 8th SEPTEMBER, 2022
Negi
