Question from Rajesh, What is the Purpose of Lien in Maharashtra Service Rules if Seniority Benefit is Lost?
Answer from AI:
The concept of lien in employment law refers to an employee’s right to hold their original post while being transferred or promoted to another post. This right is typically protected for a certain period, allowing the employee to return to their original post if necessary.
Understanding Lien in Maharashtra Service Rules
In the context of the Maharashtra Service Rules, lien is a provision that allows a permanent employee to maintain their original post while transitioning to another department. However, these rules also state that the seniority benefit from lien has been removed. This means that even though an employee maintains their lien, they may not necessarily retain their seniority status when they return to their original post.
Termination of Lien
According to the Maharashtra Service Rules, the termination of lien requires the employee to be absorbed in the other department. If an employee is on a supernumerary post, their lien will not terminate until they are fully absorbed into the new department.
Contrast with Central Government Lien Rule
It’s important to note that the Central Government lien rule differs from the Maharashtra Service Rules. Under the Central Government rule, the seniority benefit is protected, meaning an employee retains their seniority status when they return to their original post.
Legal Advice
Given the complexity of these rules and the potential implications for your career progression, it’s recommended that you consult with a legal professional who specializes in employment law. They can provide personalized advice based on your specific circumstances and help you understand your rights and options.
Please note: This information is intended to provide a general understanding of the law. It is not intended to provide legal advice. Always consult with a legal professional for personalized advice.
For more information, you can refer to the Maharashtra Civil Services Rules and the Central Civil Services (Leave) Rules.
The answer is written by AI.
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Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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