Service lien rules require mandatory suspension on outside cadre appointment; failure to do so preserves the employee's lien and promotion.

Rule 3.12 of the Punjab Civil Services Rules gives a government servant a lien on a permanent post, but that lien is subject to the exception in Rule 3.14(a)(2) requiring the competent authority to suspend it when the servant is substantively appointed outside the cadre. The omission to suspend the lien does not prejudice the employee because the duty is mandatory, and Rule 3.15(b) bars termination of the suspended lien while the servant remains in service unless he makes a written request. On that basis, the lien on the Agricultural Inspector post was not lawfully terminated, revived on deconfirmation from the outside post, and the promotion was valid.

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Issues: Whether the appellant's lien on the post of Agricultural Inspector stood terminated on his substantive appointment to a permanent post outside the cadre, and whether his subsequent promotion could be treated as invalid on that ground.

Analysis: Rule 3.12 of the Punjab Civil Services Rules, Volume I, Part I states the general rule that substantive appointment to a permanent post ordinarily carries a lien on that post and ends any prior lien, but it operates subject to the exceptions in the Rules. Rule 3.14(a)(2) specifically requires the competent authority to suspend the lien where a Government servant is substantively appointed to a permanent post outside the cadre on which he is borne. The omission of the authority to suspend the lien cannot prejudice the employee, because the rule casts a mandatory duty on the authority. Rule 3.15(b) further provides that in such a case the suspended lien cannot be terminated while the Government servant remains in service except on his written request. No such request was made.

Conclusion: The appellant's lien on the post of Agricultural Inspector had not been lawfully terminated, it stood revived on deconfirmation from the outside post, and the impugned promotion was valid.

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