S. NARAYANA versus MD. AHMEDULLA KHAN AND ORS.

S. NARAYANA versus MD. AHMEDULLA KHAN AND ORS.

Regularization is not the same as confirmation in service; lien does not operate from the date of regularization. There is no lien unless and until an employee is made permanent and confirmed in the post.

Parties
Appellant: S. Narayana; Respondent: Md. Ahmedulla Khan
Jurisdiction
India
Judgment Date
08 May 2006
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Dated 13.12.2001 in W.p. No. 6531/2000
Outcome
Appeal allowed
Legal Topics
Lien on Post, Regularization Vs Confirmation, Seniority, Promotion
Service Law Lien on Post Regularization Vs Confirmation Seniority Promotion

Case Brief

Summary, issues, holding and outcome

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Parties

S. Narayana

Appellant

Md. Ahmedulla Khan

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Dated 13.12.2001 in W.p. No. 6531/2000

Legal Issues

  1. 1 Whether regularization and confirmation are distinct concepts for service lien.
  2. 2 Whether lien exists without confirmation in a post.
  3. 3 Whether appellant's notional seniority and promotion were valid.

Ratio Decidendi

Regularization is not the same as confirmation in service; lien does not operate from the date of regularization. There is no lien unless and until an employee is made permanent and confirmed in the post.

Court Disposition

Appeal allowed

Orders

  • Judgment of High Court set aside
  • Order of Administrative Tribunal dated 24.3.2000 in O.A. No. 6692/1999 affirmed