9911796707
TMI Blog1970 (12) TMI 92X X X X Extracts X X X X X X X X Extracts X X X X ..... ermanent in that post on August 15, 1947. He was promoted to the post of a Ward Keeper on June 4, 1949 in the Depot Wing of the Controller of Stores. 3. During the last World War, the said Railway organised temporarily a Food Supply Organisation where in a number of persons, including respondents 4 to 8, were appointed. Respondent 4 was appointed as a sales man in the said organisation in 1944 and was confirmed with effect from August 15, 1947 under the Deputy Traffic Superintendent, Lumding. Respondent 5 was appointed a clerk in 1943 and was confirmed in the Head Office Wing of the Controller of Stores Department in 1944. Respondent 6 was appointed in 1943 and was confirmed in his post under the Deputy Traffic Superintendent, Lumding wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor with effect from August 15, 1947 and were allotted to the office of the Deputy Traffic Superintendent, Lumding. They, therefore, acquired their lien on the respective posts assigned to them and declared against their names in the said list. 5. The Controller of Stores, by a Memorandum dated May 26, 1960, transferred the lien of respondents 4 to 8 to the Stores Department wherein the appellant, as aforesaid, was a permanent time-keeper, from the respective posts to which they were assigned with effect from August 15, 1947 against the posts of Depot Clerks. The Memorandum also declared that the seniority of respondents 4 to 8 should be given effect to as from August 15, 1947 in the Stores Department. 6. The grievance of the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lause 14 means the title of a railway employee to hold substantively a permanent post to which he has been permanently appointed. According to this definition, therefore, the appellant and respondents 4 to 8 were entitled to, with effect from August 15, 1947 (when all of them were made permanent), a lien on the respective posts to which, as from that day, they were confirmed and made permanent. So far as respondents 4 to 8 were concerned, this was done, as explained earlier, as a result of the closure of the Food Supply Organisation which necessitated the absorption of those employed therein during the War period in the different departments of the railways in Assam. Accordingly, the authorities had published the said list in 1951 showing h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an be effected from one department to another without materially affecting the chances of promotion of such an employee. As we shall presently show, the rules do not contemplate such a position. 11. Rule 2007 provides that unless the lien of a permanent employee is suspended under Rule 2008 or transferred under Rule 2010, a railway servant, holding substantively a permanent post retains a lien on that post while performing the duties of that post, or while on foreign service or holding a temporary post or officiating in another post, or during joining time or transfer to another post, or while on leave, or lastly, while under suspension. Under Rule 2010, the power to transfer lien is confined to any other permanent post in the same cadre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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