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Lien, General Rules of Transfer of Lien & Retention, Termination

Lien - Lien means the title of a Railway servant to hold on regular basis either immediately or on the termination of a period or periods of absence, a post, including a tenure post, to which he has been appointed on regular basis and on which he is not on probation Provided that the title to hold a regular post shall be subject to the condition that the junior most person in the grade will be liable to be reverted to the lower grade if the number of persons so entitled is more than the posts available in that grade. 

(Authority:- Railway Board’s letter No. E(NG)I-98/CN5/2 dt.5-2-99)

Lien- (IREC - 239) Unless in any case it is otherwise provided in these rules, a Railway servant on acquiring a lien on a post will cease to hold the lien previously acquired on any other post. (IREC - 239)


Retention of Lien — (IREC - 240) 

 A Railway servant who has acquired lien on a post retains the lien on that post
(a) while performing the duties of that post;

(b) while on foreign service, or holding a temporary post, or officiating in another post;

(c) during joining time on transfer to another post, unless he is transferred along with his title to a post on lower pay , in which case his lien transferred to the new post from the date on which he is relieved of his duties in the earlier post; and

(d) while on leave; and

(e) while under suspension; 

Provided that no lien of a railway servant shall be retained; 

(i) where a Railway servant has proceeded on immediate absorption basis to a post or service outside his service/cadre/post in the Government from the date of absorption; and

(ii) On foreign service/deputation beyond the maximum limit admissible under the orders of the Government issued from time to time.

Termination of Lien-(IREC - 242)(a) Except as provided in Rule 240 and clause (b) of this rule a Railway servant’s lien on a post may in no circumstances be terminated, if the result will be to leave him without a lien upon a regular post. 

(b) A Railway servant’s lien on a post shall stand terminated on his acquiring a lien on another post (whether under the Central Government or State Government) outside the cadre on which he is borne. 

Transfer of Lien- Subject to the provisions of Rule 227 a competent authority may transfer to another post in the same cadre, the lien of a Railway Servant who is not performing the duties of the post to which the lien relates.(IREC - 243)

Retention of lien on transfer.(IRCE - 228) 

The lien of a permanent staff transferred to another railway will be retained by the transferring railway till he is finally absorbed on the other railway.

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