The rules for government employees to keep their job positions, called “lien,” allow retaining the job and its benefits. Lien can be lost when taking a new job, working in a different cadre, or transferring abroad, then regained when returning within three years. “One time confirmation and lien” means confirmation happens only once at entry post when meeting requirements. Confirmation is no longer tied to permanent job availability, and if too many people have lien, junior employees may be reverted to lower positions.
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Lien Rules under Govt. of WB (WBSR Part 1) (Synoptic note)
Lien Rule 5(23):
- Lien means the title of a Government employee to hold substantively, either immediately or on the termination of a period or periods of absence, a permanent post, including a tenure post, to which he has been appointed substantively.
Lien Rule 20:
- The lien of a Government employee on a permanent post which he holds substantively shall be suspended if he is appointed in a substantive capacity.
- To a tenure post
- Provisionally, to a post on which another Govt. employee would hold a lien had his lien not suspended.
- ln case of transfer to Foreign Service or transferred on officiating capacity to a post in another cadre, the lien may be suspended if not return within three years.
- Lien may be suspended if he is appointed substantively to another permanent post/tenure post.
‘One time confirmation and lien’ (F.D. Memo No. 5225-F dated 17.5.1995):
- In terms of the above memo, the concept of lien as the title to hold substantively a permanent post as defined in Rule 5(23) has undergone a change. Lien will now represent only the right/title of a Government employee to hold a regular post, whether permanent or temporary, either immediately or on the termination of the period of absence. The benefits of having a lien in a post/service/cadre will thus be enjoyed by all officers who are confirmed in the post/service/cadre of entry or who have been promoted to higher post declared as having completed the probation where it is prescribed, or those who have been promoted on regular basis to a higher post where no probation is prescribed under the rules, as the case may be.
- The above right/title will, however, be subject to the condition that the junior-most person in the cadre will be liable to be reverted to the lower post/service/cadre if at any time the number of persons so entitled is more than the posts available in that cadre/service.
- For example, if a person who is confirmed or whose probation in a higher post has been declared as having been completed or one who is holding a higher post for which there is no probation on a regular basis reverts from deputation or foreign service and if there is no vacancy in that post/service/cadre to accommodate him, the junior-most person will be reverted. If, however, this officer himself is the junior-most, he will be reverted to the next lower post/service/cadre from which he was earlier promoted.
- Another important feature of the above memo is that hence forth confirmation will be made only once in the service of the Govt employee which will be in the entry post/service/cadre provided further confirmation will be necessary when there is fresh entry subsequently in any other post/service/cadre by way of direct recruitment or otherwise.
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- Confirmation will be delinked from the availability of permanent vacancy in the post/service/cadre. A specific order of confirmation will be issued when an officer has successfully completed the probation and passed departmental examination or undergone prescribed training and his case is cleared from all angles (Vigilance).
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