Lien on previous post ends when a tribunal member is substantively appointed President in a different cadre.

Appointment as President of the Customs, Excise and Gold (Control) Appellate Tribunal was treated as a distinct tenure post in a different cadre from the post of Member. The Rules and statutory scheme showed that the President's office carried separate responsibilities, pay and tenure, and a Member appointed substantively as President acquired lien on that post. Applying the Fundamental Rules, a Government servant cannot hold lien on two permanent posts at once, and lien on the earlier post ends when a permanent post outside the original cadre is taken up. The petitioner therefore did not retain lien on the post of Member and had no right to revert after the presidential tenure ended.

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Issues: Whether, on appointment as President of the Customs, Excise and Gold (Control) Appellate Tribunal, a Member retained lien on the substantive post of Member and was entitled to revert to that post after completion of the presidential tenure.

Analysis: The Rules governing appointment to the Tribunal showed that the post of President was filled by selection from a wide zone of consideration, including Members as well as sitting or retired High Court Judges. The post carried a distinct office, higher responsibilities, different pay structure, and a fixed tenure. The scheme of the Rules and the statutory provisions distinguished the office of President from that of Member, and the posts were held to be in different cadres though within the same service. Once the petitioner was appointed substantively as President on a tenure basis, he acquired lien on that post. Under the Fundamental Rules, a Government servant cannot hold lien on two permanent posts at the same time, and lien on the earlier post stands terminated when lien is acquired on a permanent post outside the cadre on which he is borne.

Conclusion: The petitioner did not retain lien on the post of Member and had no right to revert to that post after expiry of his tenure as President; the challenge failed.

Ratio Decidendi: Appointment to a substantively held tenure post in a different cadre terminates lien on the previous permanent post, and no right of reversion arises unless the governing rules expressly provide for it.

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