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Patna High Court

IndiaversusAnjali Sharma

Decided
Disposal
DISMISSED

Holding

The technical resignation with lien was valid and the respondent is entitled to reversion to her parent post; the railway’s attempt to cancel the lien was unlawful.

Summary

The petitioner (Eastern Railway) accepted the sole respondent’s technical resignation from the post of Junior Stenographer on 31‑12‑2022 and granted her a two‑year lien, despite her not having completed the two‑year probation. The respondent later joined the High Court of Allahabad as Additional Private Secretary and applied for reversion to her parent cadre; the railway authorities failed to act and later issued a letter claiming the lien was invalid because she was still on probation. The respondent filed an Original Application before the Central Administrative Tribunal (CAT), which held that, under the Office Memorandum dated 17‑08‑2016, a lien may be retained in exceptional cases even if the employee is not yet confirmed, and ordered her reinstatement. The railway appealed, arguing that lien cannot be granted to probationers and that the CAT’s decision was illegal. The Patna High Court affirmed the CAT’s view, stating that once the employer’s decision to accept a technical resignation with lien is acted upon, it cannot be retrospectively revoked, and that the railway’s later cancellation was arbitrary and illegal. Consequently, the writ petition was dismissed and the respondent’s right to reversion upheld.

Issues considered

  • Whether a technical resignation accepted with a lien is valid for an employee who has not completed the two‑year probation period.
  • Whether the railway authority can retrospectively cancel the lien granted under the Office Memorandum dated 17‑08‑2016.
  • Whether the respondent is entitled to reversion to her parent post of Junior Stenographer (Workshop) in Eastern Railway.
  • Whether the railway’s refusal to act on the reversion request and subsequent cancellation of the lien constitute an arbitrary and illegal exercise of power.
  • Interpretation of OM 17‑08‑2016 paragraphs 3.3(ii) and 3.4.1 regarding lien for non‑confirmed government servants.

Subjects

  • technical resignation
  • lien
  • reversion
  • probation period
  • Central Administrative Tribunal
  • Railway service rules
  • administrative law
  • arbitrariness
  • natural justice
  • government employee

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.6036 of 2026
     ======================================================
1.    The Union of India through the General Manager, Eastern Railway. Kolkata
      700001.
2.   The General Manager, Eastern Railway, Kolkata- 700001.
3.   The Principal Chief Personnel Officer, Eastern Railway, Kolkata- 700001.
4.   Chief Workshop Manager, Eastern Railway, Workshop Jamalpur Dist.-
     Munger, Bihar- 811214.
5.   The Deputy Chief Personnel Officer in the Office of Chief Workshop
     Manager, Eastern Railway, Workshop Jamalpur Dist.-Munger, Bihar-
     811214.

                                                                 ... ... Petitioner/s
                                        Versus
     Anjali Sharma Wife of Preet, D/o- Sri Uday Sharma, Resident of Mohalla -
     Panchshil Nagar, P.O. and P.S.- Badh, District- Patna- 803213.

                                               ... ... Respondent/s
     ======================================================
     Appearance:
     For the Petitioner/s     :     Mr. Neeraj Nandan, Sr. C.G.C.
                                    Mr. Kumar Sachin, C.G.C.
     For the Respondent/s     :     Mr.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
             and
             HONOURABLE MR. JUSTICE RAJ KUMAR
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
     Date: 30-06-2026

               The present writ petition has been filed challenging the

      order      dated      06.08.2025,    passed     by    the     Ld.   Central

      Administrative Tribunal, Patna Bench, Patna (hereinafter

      referred to as the ‘Ld. CAT’) in O.A. No. 050/00760/2024,

      whereby and whereunder the Original Application filed by the

      sole respondent has been allowed, the impugned communication

      rejecting the request of the sole respondent for reversion dated

      19.09.2024 has been quashed and the petitioners herein have
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         been directed to restore the sole respondent to her parent post of

         Junior Stenographer (Workshop), Mechanical Department,

         Eastern Railway, Jamalpur, in terms of the lien granted vide

         acceptance of her resignation dated 31.12.2022, within a period

         of 60 days of receipt of the certified copy of the said order dated

         06.08.2025.

         2.      The brief facts of the case are that the sole respondent

         was appointed as Junior Stenographer (Workshop) in scale-

         Level-04, in the Mechanical Department at Jamalpur, vide office

         order dated 31.08.2022, whereafter she had joined her services,

         however in the meantime she was selected to the post of

         Additional Private Secretary (English) in the High Court of

         Judicature at Allahabad in the pay-scale of Level-08 as per 7 th

         C.P.C. and an appointment letter, vide office order dated

         09.12.2022, was issued to her. Thereafter, the sole respondent

         had tendered her technical resignation from the post of Jr.

         Stenographer on lien basis with effect from 31.12.2022. In

         pursuance to the said technical resignation tendered by the sole

         respondent, the petitioners had processed her file and accepted

         her technical resignation vide letter dated 31.12.2022 with an

         observation that the staff concerned is released with effect from

         31.12.2022 (A/N), however her lien will be maintained for two
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         years. It would be relevant to reproduce the relevant portion of

         the said letter dated 31.12.2022, issued by the Assistant Welfare

         Officer, Eastern Railway, Jamalpur, accepting the technical

         resignation of the sole respondent on lien basis, herein below:-

                “In view of above conditions, her name has been struck off
                from the Pay Roll of this Workshop w.e.f. 31.12.2022 (A/N).
                However, her lien will be maintained for two years in terms of
                Para 3.3 (i) & (ii) of Govt. of India, Ministry of Personnel,
                Public Grievances & Pensions, Department of Personnel &
                Training OM No. 28020/1/2010-Estt. (C) dated 17.08.2016.”

         3.      The sole respondent appears to have joined her services at

         the High Court of Judicature at Allahabad on 02.01.2023,

         however by an application dated 18.03.2024, she had requested

         the Registrar General of the High Court of Judicature at

         Allahabad for reversion to her parent cadre, i.e to the post of Jr.

         Stenographer (Workshop) in Mechanical Department of

         Jamalpur Workshop under Eastern Railway. The Registrar

         General of the High Court of Judicature at Allahabad had then

         forwarded the application of the sole respondent for her

         reversion to her parent cadre, to the Chief Workshop Manager,

         Eastern Railway, Jamalpur, vide letter dated 22.03.2024,

         however, the petitioners failed to respond despite reminders

         having also been sent by the Registrar General, High Court of

         Judicature at Allahabad on 15.06.2024.
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         4.      At this juncture, the Ld. Counsel for the petitioners has

         submitted that it is not that the petitioners did not respond,

         inasmuch as the Assistant Welfare Officer, Eastern Railway,

         Jamalpur vide letter dated 19.09.2024 had written to the

         Registrar General of the High Court of Judicature at Allahabad,

         inter-alia stating therein that in the letter dated 31.12.2022

         accepting the technical resignation of the sole respondent with

         lien, it has been erroneously mentioned that the lien of the sole

         respondent will be maintained at the said office for further two

         years but actually the sole respondent, who was appointed on

         31.08.2022 had not completed two years’ probation period at the

         time of her resignation, thus in such cases no lien can be

         retained, hence the letter dated 31.12.2022 is corrected and it

         may be read that the resignation of sole respondent is accepted

         with effect from 31.12.2022 for her further joining as Additional

         Private Secretary at the office of High Court of Judicature at

         Allahabad, however her lien is not maintained at the said office,

         therefore there is no scope for her to revert back to her parent

         department.

         5.      The sole respondent had in the meantime filed the

         aforesaid Original Application before the Ld. CAT inter alia

         praying therein to direct the petitioners herein to forthwith
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         appoint her on the post of Jr. Stenographer (Workshop) in

         Mechanical Department at Jamalpur Workshop, under the

         Eastern Railway on the basis of reversion of the sole respondent

         from the post of Additional Private Secretary at the High Court

         of Judicature at Allahabad, since she has retained lien on the

         said post, inasmuch as her technical resignation was accepted by

         the petitioners vide letter dated 31.12.2022, while maintaining

         her lien for two years over the said post.

         6.      The petitioners had filed their written statement before the

         Ld. CAT, wherein it was contended that the sole respondent is

         not entitled to the benefit of technical resignation in terms of

         Master Circular No. 19, circulated by the Railway Board vide

         Letter No. E(NG)I/2019/CN 5/1, New Delhi dated 04.06.2019,

         inasmuch as technical resignation can be given to an employee

         only after completion of probation period of two years. It was

         also stated that on account of the sole respondent pressing hard

         to get herself spared on or by 20.12.2022 for joining her post at

         the office of the High Court of Judicature at Allahabad and

         keeping in view her career progression as also considering the

         paucity of time, the request of the sole respondent for

         acceptance of technical resignation was accepted, however the

         pre-condition of completion of probation period of two years
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         was overlooked. In this regard, paragraph no. 3.3 (IV) of RBE

         No. 21/2017 dated 07.03.2017, as circulated vide letter dated

         16.03.2017 was referred to which postulates that “temporary

         Government servants will be required to severe connections

         with the Government in case of their selection for outside posts

         and no lien will be retained in such cases”.

         7.      The Ld. CAT by the impugned order dated 06.08.2025

         has been pleased to allow the aforesaid Original Application

         filed by the sole respondent by a detailed and a speaking order

         by relying upon paragraph no. 3.3 (ii) of the Department of

         Personnel and Training OM dated 17.08.2016, which reads as

         follows:-

                “3.3. Retention of lien for appointment in another central
                government office/State Government

                                                  ………..

                (ii)The exceptional cases may be when the Government
                servant is not confirmed in the department/office where he
                has joined within a period of 2 years. In such cases he
                may be permitted to retain the lien in the parent
                department/office for one more year. While granting such
                permission, a fresh undertaking similar to the one
                indicated above may be taken from the employee.”

         8.      Thus, the Ld. CAT by the impugned order dated

         06.08.2025 has held that the acceptance of technical resignation
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         of the sole respondent with lien has given rise to a legitimate

         and enforceable right, which cannot be sought to be revoked

         retroactively by the petitioners, hence the statutory rights of the

         sole respondent cannot be extinguished unless the lien is

         formally terminated by due procedure. The Ld. CAT has further

         held that the petitioners’ arbitrary and contradictory approach

         violates the right that has been created in favor of the applicant,

         without any misrepresentation or fraud on her part and the

         practice of granting technical resignation with lien to

         probationers is being reflected within Indian Railways as also

         several similarly placed employees have been granted such

         benefits/protection and they have been allowed reversion to the

         parent department of Railways, thus denying such benefit to the

         sole respondent would be discriminatory and arbitrary. In this

         connection, the Ld. CAT has relied on a judgment rendered by

         the Hon’ble Apex Court in the case of Union of India vs.

         Narendra Singh, reported in (2008) 2 SCC 750.

         9.      The Ld. CAT, in the impugned order dated 06.08.2025

         has also considered the much harped upon argument advanced

         by the petitioners herein by relying on the maxim “illegality

         should not be perpetuated” and has come to a finding that once

         an action has been taken and acted upon by the employee, the
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         doctrine does not apply in the abstract and a government

         department cannot retrospectively declare its own decision

         illegal to defeat the rights it has conferred, however if they had

         realized that they had taken a wrong decision by accepting the

         technical resignation with lien then an alternative course of

         action was always available to them in the form of informing

         the sole respondent that she should return or else decide to stay

         on in the new organization without this benefit of technical

         resignation with lien but nothing was done by the officials of the

         petitioners herein, thus they have engaged in colorable exercise

         of power, illegally. In such view of the matter, the Ld. CAT by

         the impugned order dated 06.08.2025 has quashed the impugned

         communication dated 19.09.2024, whereby the request of the

         sole respondent for reversion had been rejected and has directed

         the petitioners to restore the sole respondent to her parent post

         of Junior Stenographer (Workshop), Mechanical Department,

         Eastern Railway, Jamalpur, in terms of the lien granted vide

         letter dated 31.12.2022, within a period of 60 days of receipt of

         the certified copy of the said order dated 06.08.2025.

         10.     We also find from the records that the petitioners had

         preferred a review petition before the Ld. CAT bearing

         RA/050/00017/2025, which has also stood dismissed by an
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         order dated 02.12.2025 passed by the Ld. CAT, however the

         same is not under challenge before this Court.

         11.     The Ld. Counsel for the petitioners has submitted by

         referring to the OM dated 17.08.2016, especially paragraph no.

         2.1.1 thereof that the same postulates that “no question of

         benefit of a resignation being treated as a technical resignation

         arises in case of it being from a post held on adhoc basis.”

         Reliance has also been made on para no. 3.1 of the said OM

         dated 17.08.2016, which reads as follows:-

                “3.1 Lien

                3.1.1 Lien is defined in FR 9(13). It represents the right of
                a Government employee to hold a regular post, whether
                permanent or temporary, either immediately or on the
                termination of the period of absence. The benefit of
                having a lien in a post/service/cadre is enjoyed by all
                employees who are confirmed in the post/service/cadre of
                entry or who have been promoted to a higher post,
                declared as having completed the probation where it is
                prescribed. It is also available to those who have been
                promoted on regular basis to a higher post where no
                probation is prescribed under the rules, as the case may
                be.

                3.1.2 The above right will, however, be subject to the
                condition that the junior-most person in the cadre will be
                liable to be reverted to the lower post/service/cadre if a
                any time the number of persons so entitled is more than
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                 the posts available in that cadre/service.”

         12.     Thus, it is submitted by the Ld. Counsel for the

         petitioners that unless and until an employee completes the

         probation of two years and is confirmed in service, benefit of

         lien cannot be granted, hence the impugned action of the

         petitioners, contained in the office order dated 19.09.2024,

         rejecting the request of the sole respondent for her reversion to

         the Railways, is correct and does not suffer from any illegality.

         13.     We have heard the Ld. Counsel for the petitioners and we

         find that the facts lie in a narrow compass, inasmuch as the sole

         respondent was appointed on the post of Jr. Stenographer

         (Workshop) in Mechanical Department at Jamalpur Workshop

         under     Eastern      Railway      vide     appointment   letter   dated

         09.08.2022/31.08.2022, whereupon she had submitted her

         joining on 31.08.2022, however in the meantime she was

         selected to the post of Additional Private Secretary (English) at

         the High Court of Judicature at Allahabad, leading to issuance

         of an appointment letter dated 09.12.2022, whereafter she had

         submitted her technical resignation to the Chief Workshop

         Manager, Jamalpur, opting and praying therein to create a lien

         on her post at Jamalpur for two years. The appointing authority

         vide letter dated 31.12.2022 had accepted the technical
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         resignation of the sole respondent and had observed therein that

         the lien of the sole respondent shall be maintained for two years

         in terms of para 3.3(i) and (ii) of the Government of India,

         Ministry of Personnel, Public Grievances and Pension,

         Department of Personnel and Training, OM No. 28020/1/2010-

         Estt. (C) dated 17.08.2016. The sole respondent had then joined

         her services at the High Court of Judicature at Allahabad on

         02.01.2023.

         14.     The sole respondent had subsequently filed an application

         dated 18.03.2024 before the Registrar General of the High Court

         of Judicature at Allahabad for her reversion to her parent cadre

         where she was having lien, leading to the Registrar General of

         the High Court of Judicature at Allahabad having forwarded the

         said application to the Chief Workshop Manager, Eastern

         Railway, Jamalpur vide letter dated 22.03.2024, for taking

         necessary action, whereafter a reminder dated 15.06.2024 was

         also sent to the petitioners, however no action was taken by the

         petitioners, resulting in the sole respondent filing the connected

         Original Application. The Assistant Welfare Officer, Eastern

         Railway, Jamalpur had then belatedly issued a purported

         clarificatory letter dated 19.09.2024, inter-alia stating therein

         that in the letter dated 31.12.2022 accepting the technical
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         resignation of the sole respondent with lien, it has been

         erroneously mentioned that her lien will be maintained at the

         said office for further two years but actually the sole respondent,

         who was appointed on 31.08.2022 had not completed two years’

         probation period at the time of her resignation, thus in such

         cases no lien can be retained, hence the letter dated 31.12.2022

         is corrected and it may be read that the resignation of sole

         respondent is accepted w.e.f. 31.12.2022, however her lien is not

         maintained at the said office, therefore there is no scope for her

         to revert back to her parent department.

         15.     At this juncture, we would refer to para no. 3.3 (ii) and

         3.4.1 of the OM dated 17.08.2016 herein below:-

                “3.3 Retention of lien for appointment in another central
                government office/State Government
                (ii) The exceptional cases may be when the Government
                servant is not confirmed in the department/office where he
                has joined within a period of 2 years. In such cases he
                may be permitted to retain the lien in the parent
                department/office for one more year. While granting such
                permission, a fresh undertaking similar to the one
                indicated above may be taken from the employee.
                3.4.1 A Government servant's lien on a post may in no
                circumstances be terminated even with his consent if the
                result will be to leave him without a lien upon a
                permanent post. Unless his lien is transferred, a
                Government servant holding substantively a permanent
                post retains lien on that post. It will not be correct to deny
                a Government servant lien to a post he was holding
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                substantively on the plea that he had not requested for
                retention of lien while submitting his Technical
                Resignation, or to relieve such a Government Servant with
                a condition on that no lien will be retained.”
         16.     A bare perusal of the aforesaid provision contained in the

         OM dated 17.08.2016 would show that in exceptional cases

         where the government servant is not confirmed in the

         department/office where he has joined, such an employee can be

         permitted to retain the lien in the parent department/office in

         case such employee has been appointed in another Central

         Government Office/State Government office. Thus, we are of

         the view that in case there would have been no provision under

         the various O.Ms. for acceptance of the resignation of the

         probationers with lien, the Ld. Counsel for the petitioners would

         have been right in contending that illegality cannot be

         perpetuated, however since in exceptional cases, the lien can be

         permitted be retained even in cases where the concerned

         government servant has not completed the probation period,

         there is no question of any kind of illegality.

         17.     Yet another aspect of the matter is that once an action has

         been taken by the employer and acted upon by the employee,

         the petitioners cannot retrospectively declare their own decision

         illegal to defeat the rights it has conferred, however if they had

         realized that they had taken a wrong decision by accepting the
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         technical resignation with lien then an alternative course of

         action was always available to them in the form of informing

         the sole respondent to immediately return back to her parent

         department or else stay in the new organization without the

         benefit of lien but nothing was done by the officials of the

         petitioners, thus they have engaged in colorable exercise of

         power, illegally. In our view such recourse would have been a

         reasonable approach by the petitioners, however the petitioners

         chose to act arbitrarily by issuing the illegal impugned letter

         dated 19.09.2024.

         18.     Thus, we find that the competent authority, vide the

         aforesaid letter dt. 31.12.2022 had rightly accepted the technical

         resignation of the sole respondent with lien in terms of O.M.

         dated 17.08.2016, relevant portion whereof have already been

         quoted hereinabove in the preceding paragraphs. As far as the

         purported correction made vide letter dated 19.09.2024, issued

         by the Assistant Welfare Officer, Eastern Railway, Jamalpur is

         concerned, the same is arbitrary and without the sanction of law,

         inasmuch as the same has not only been issued belatedly, in

         contravention of the provisions contained in the OM dated

         17.08.2016 but has also been issued in a capricious manner,

         only after filing of the connected Original Application by the
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                      sole respondent for reversion to her parent cadre, i.e to the post

                      of Jr. Stenographer (Workshop) in Mechanical Department of

                      Jamalpur Workshop under Eastern Railway, thus the same does

                      not instill any confidence rather the same is a mala fide action

                      on the part of the petitioners, as such the same has been rightly

                      quashed by the Ld. CAT by the impugned order dt. 06.08.2025.

                      19.     Having regard to the facts and circumstances of the case

                      and for the forgoing reasons, we do not find any merit in the

                      present writ petition, hence the same stands dismissed.




                                              (Mohit Kumar Shah, J)


                                                    (Raj Kumar, J)
S.Sb/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          03.07.2026
Transmission Date       N/A


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