GOVERNMENT OF
ANDHRA PRADESH
ABSTRACT
FUNDAMENTAL RULES - Lien -
Amendment to FR 14 - Orders - Issued.
FINANCE (FR.I)
DEPARTMENT
G.O. Ms. No.144 Dated:
19-05-2009
ORDER:
According to FR 12-A, a Government
Servant will acquire a lien on his appointment to a substantive post and ceases
to hold any lien previously acquired on any other post. Various situations have
come to involve in which a Government Servant's lien on a substantive post is continued even though he is not
discharging the duties of that post.
2. According to FR 13, unless the
lien of a Government Servant is suspended under Rule 14, or transferred under
Rule 14-B, a Government servant holding substantively a permanent post retains
a lien on that post in the circumstances specified thereunder. The Head of the
Department is empowered to suspend the lien in respect of any post to which it
or an authority subordinate to it can appoint. Under FR 14-A, the lien of a Government
Servant cannot be terminated, if as a result of such termination will leave the
Government Servant without a lien or a suspended lien upon a permanent post. FR
14, 14-A and 14-B, confer a right to employees to retain their lien on a
permanent post until the employee(s) acquire (s) lien on another permanent
post.
3. According to instructions issued
by the General Admn. (Services) Dept. under rule 21 of AP State and Subordinate
Service Rules, a person appointed to a Government Service shall be confirmed in
any service, only once during his service in the Government at the entry grade,
regardless of the fact whether there is a permanent or substantive post or vacancy
available in that service. Thus, a situation has been created under General
Rules that it is not at all required to confer full membership on each and
every post either on promotion or appointment by transfer, which is lacking
harmony to some extent with the provisions of FRs under which lien is acquired
only on substantive appointment to a post.
4. The Fundamental Rules, dealing
with lien, partly display obsolescence since the time they were framed in view
of changed circumstances. This is because in a majority of cases appointments
are made only on temporary basis which are subsequently regularized and probation
declared. In such cases, the individuals, as they are not appointed
substantively, do not acquire any lien on any post at all which is not
contemplated under F.Rs.
5. During the DPC meeting held on
30-6-2007 in Finance Department, the DPC members also observed that the lien in
the parent department shall be terminated as and when such individuals get next
promotions or probation is declared in the latter department so as to avoid inconvenience
while preparing the panels in their parent department.
6. Also different service rules
provide for appointment by transfer from other services. The persons appointed
outside their regular line are continued for years together outside their
regular line while retaining all their rights in the parent department even
after getting promotions outside the regular line on the ground that their lien
in the parent department is continued as they are not appointed substantively
to the post outside the regular line. In many cases, these candidates
relinquish their promotions which results in lapse of the quota earmarked under
the relevant service rules to the detriment of the persons in the regular line for
no fault of theirs. Several departments are experiencing difficulties in drawing
panels for various categories of posts as the rights of the persons outside the
regular line have to be considered even after their promotions outside their
regular line. In some cases, the persons outside the regular line got more than
two promotions while their juniors in the regular line are facing stagnation at
lower levels. This is an unfair situation conferring all benefits to few
individuals while depriving the rights of others. Hence, the need to review the concept of lien
in its entirety and issue a fresh set of instructions keeping in view the
changed circumstances.
7. Therefore, Government after
careful examination of the matter, have decided to issue amendment to FR 14.
8. Accordingly, the following
notification shall be published in the extraordinary issue of the Andhra
Pradesh Gazette.
NOTIFICATION
In exercise of the powers conferred
by the proviso to article 309 of the Constitution of India and of all other
powers hereunto enabling, the Governor of Andhra Pradesh hereby makes the
following amendments to the Fundamental Rules.
AMENDMENTS
In the said rules, (1) under FR 14
after clause-(f), the following shall be added, namely,-
"(g) The Lien of (i) a Government
employee, appointed outside the regular line from the date of his relief; (ii)
a Government employee who resigned/are relieved from a post to join in a different
post to which he is selected by direct recruitment, from the date of his
resignation/relief from the old post; and (iii) a Government employee who is
transferred from one department to another on request or otherwise by way of
departmental transfers from the date of his relief shall stand automatically suspended
even if it is not mentioned in such orders and such Govt. Employees shall
automatically acquire provisional lien in the new departments, in which they
join".
2. In FR 14-A after clause-(d) the
following shall be added, namely,-
"(e) The Lien of a Government employee, which was automatically suspended from the date of his relief in the parent department under clause (g) under FR-14 shall automatically get terminated in the parent department on the date on which his probation is declared in the new department or on the date on which his probation is deemed to have been declared in the new department or the date of his further promotion in the new department whichever is later subject to a maximum period of three (3) years".
3. In FR 14-8, the following shall
be added, namely,-
"Note-1: The Lien of a
Government employee, which was automatically terminated under clause (e) under
FR 14-A in the parent department shall automatically be transferred to the new department from that date.
Note-II: The existing employees who
are working in the departments other than parent departments shall exercise
option within two (2) months from the date of issue of these orders and if no
option is exercised within two (2) months the employee is deemed to have opted
to continue in the other service and his lien in the parent department shall
automatically be terminated. However, after
exercising the option within two (2) months they may be allowed four (4) months
to get relief from other department and to join in parent department i.e. total
six (6) months’ time shall be allowed".
9. These orders are available on
internet and can be accessed at the address http://www. goir.ap.gov.in.
(By order and in
the name of the Governor of Andhra Pradesh)
Dr. SAMEER SHARMA
Secretary
to Government (FP)
