MUHAMMAD SALEEM vs GOVERNMENT OF BALOCHISTAN Rr — 2024 SCMR 614 SUPREME-COURT

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MUHAMMAD SALEEM VS GOVERNMENT OF BALOCHISTAN Rr. 6(2) & 5---Balochistan Civil Servants (Confirmation) Rules, 2012, R. 7(2)---Acquiring and termination of lien against a post---Reading of Rules 5 & 6(2) of the Civil Servants (Confirmation) Rules, 1993 ("Rules of 1993") clearly stipulates that a civil servant shall forfeit his lien against a post, when accepting an appointment in an autonomous body under the control of Federal Government, as is the situation with the petitioner in the present case---As per Rule 6(2) of the Rules of 1993, a civil servant who takes up an appointment on selection, other than by way of transfer on deputation, to a position in an autonomous body under the control of Federal Government, Provincial Government, local authority or a private organisation, effectively undergoes a change of status from that of a civil servant to a different employment category---Crucially, this transition results in the forfeiture of his lien against the post in his parent department or authority---Lien, representing the legal right to return to his former position within the civil service, is thus relinquished when he moves, on his own accord, to a non-governmental body and accepts an appointment therein on selection---While transfers within various Government departments (whether Federal or Provincial) do not alter the fundamental status of a civil servant, a move to an autonomous body under the control of Government, except by way of transfer on deputation, signifies a substantive change in the nature of employment---This change is of such a magnitude that it necessitates the relinquishment of specific rights and privileges inherent to his previous civil service position, including the lien---As to the subject office order, wherein the petitioner was to retain his lien against the post of Junior Scale Stenographer in S&GAD till his confirmation in NADRA is concerned, the same is blatantly in violation to the then applicable Rules of 1993, and in particular, the provisions of Rule 6(2)---Petitioner in this case was appointed in NADRA, an autonomous body under the control of Federal Government, and therefore, this would lead to the cessation of any lien against a previously held position in the S&GAD, Government of Balochistan---This conclusion aligns with the stipulations of Rule 6(2) of the Rules of 1993 and Rule 7(2) of the Balochistan Civil Servants (Confirmation) Rules, 2012---Given the subject office order is devoid of any legal sanction, it could not be made an anchor sheet for the petitioner to claim his lien against the post in the parent Department---Petition was dismissed. Citation Name: 2024 SCMR 614 SUPREME-COURTBookmark this Case MUHAMMAD SALEEM VS GOVERNMENT OF BALOCHISTAN 'Lien' against a post---Meaning and scope---In the context of service law, the term "lien" has a statutory connotation and refers to a legal right of a civil servant to hold a particular post, typically a higher one, to which they have been promoted or transferred, while still retaining a right on their original post, based on provisions provided for the same under the rules or regulations framed by the appropriate Government---Hence, simply put, lien in service law is a right of a civil servant to return to his original position, based on the fulfilment of the conditions set out in the rules or regulations framed by the appropriate Government.

MUHAMMAD SALEEM vs GOVERNMENT OF BALOCHISTAN Rr — 2024 SCMR 614 SUPREME-COURT

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