Raj Kumar v. State Of Haryana & ORS

"Lien" connotes the civil right of a Government servant to hold the post "to which he is appointed substantively." The necessary corollary to the aforesaid right, is that such appointment must be in accordance with law. A person can be said to have acquired lien as regards a particular post only when his appointment has been confirmed, and when he has been made permanent to the said post. The word 'lien' is a generic term and, standing alone, it includes lien acquired by way of a contract, or by operation of law. Whether a person has lien, depends upon whether he has been appointed in accordance with law, in substantive capacity and whether he has been made permanent or has been confirmed to the said post. (Vide: Parshotam Lal Dhingra v. Union of India, AIR 1958 SC 36; S. Pratap Singh v. State of Punjab, AIR 1964 SC 72; T.R. Sharma v.

Prithvi Singh & Ors., AIR 1976 SC 367; Ramlal Khurana v. State of Punjab & Ors., AIR 1989 SC 1985; Triveni Shankar Saxena v. State of U.P. & Ors., AIR 1992 SC 496; Dr. S.K. Kacker v. All India Institute of Medical Sciences & Ors., (1996) 10 SCC 734; S. Narayana Vs. Md. Ahmedulla Khan & Ors., AIR 2006 SC 2224; and State of Rajasthan & Anr. v. S.N. Tiwari & Ors., AIR 2009 SC 2104)."

Triveni Shankar Saxena v. State of U.P. & Ors., AIR 1992 SC 496