aaa.doc

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
FUNDAMENTAL RULES – Lien - Amendment to FR 14 – Orders – Issued

-------------------------------------------------------------------------------------------------------
FINANCE (FR.I) DEPARTMENT
G.O. Ms. No. 144 dated: 19.05.2009
ORDER:
According to FR 12-A, a Government Servant will acquire a lien on his

appointment to a substantive post and ceases to hold any lien previously acquired on any
other post. Various situations have come to involve in which a Government Servant’s
lien on a substantive post is continued even though he is not discharging the duties of
that post.
2. According to FR 13, unless the lien of a Government Servant is suspended under

Rule 14, or transferred under Rule 14-B, a Government servant holding substantively a
permanent post retains a lien on that post in the circumstances specified thereunder. The
Head of the Department is empowered to suspend the lien in respect of any post to which
it or an authority subordinate to it can appoint. Under FR 14-A, the lien of a Government
Servant cannot be terminated, if as a result of such termination will leave the
Government Servant without a lien or a suspended lien upon a permanent post. FR 14,
14-A and 14-B, confer a right to employees to retain their lien on a permanent post until
the employee(s) acquire (s) lien on another permanent post.
3. According to instructions issued by the General Admn. (Services) Dept. under

rule 21 of AP State and Subordinate Service Rules, a person appointed to a Government
Service shall be confirmed in any service, only once during his service in the
Government at the entry grade, regardless of the fact whether there is a permanent or
substantive post or vacancy available in that service. Thus, a situation has been created
under General Rules that it is not at all required to confer full membership on each and
every post either on promotion or appointment by transfer, which is lacking harmony to
some extent with the provisions of FRs under which lien is acquired only on substantive
appointment to a post.
4. The Fundamental Rules, dealing with lien, partly display obsolescence since the
time they were framed in view of changed circumstances. This is because in a majority of
cases appointments are made only on temporary basis which are subsequently regularized
and probation declared. In such cases, the individuals, as they are not appointed
substantively, do not acquire any lien on any post at all which is not contemplated under
F.Rs.
5. During the DPC meeting held on 30-6-2007 in Finance Department, the DPC
members also observed that the lien in the parent department shall be terminated as and
when such individuals get next promotions or probation is declared in the latter
department so as to avoid inconvenience while preparing the panels in their parent
department.
6. Also different service rules provide for appointment by transfer from other
services. The persons appointed outside their regular line are continued for years together
outside their regular line while retaining all their rights in the parent department even
after getting promotions outside the regular line on the ground that their lien in the parent
department is continued as they are not appointed substantively to the post outside the
regular line. In many cases, these candidates relinquish their promotions which results in
lapse of the quota earmarked under the relevant service rules to the detriment of the
persons in the regular line for no fault of theirs. Several departments are experiencing
difficulties in drawing panels for various categories of posts as the rights of the persons
outside the regular line have to be considered even after their promotions outside their
regular line. In some cases, the persons outside the regular line got more than two
promotions while their juniors in the regular line are facing stagnation at lower levels.
This is an unfair situation conferring all benefits to few individuals while depriving the
rights of others. Hence, the need to review the concept of lien in its entirety and issue a
fresh set of instructions keeping in view the changed circumstances.
7. Therefore, Government after careful examination of the matter, have decided to

issue amendment to FR 14.
8. Accordingly, the following notification shall be published in the extraordinary

issue of the Andhra Pradesh Gazette.
NOTIFICATION
In exercise of the powers conferred by the proviso to article 309 of the

Constitution of India and of all other powers hereunto enabling, the Governor of Andhra
Pradesh hereby makes the following amendments to the Fundamental Rules.
AMENDMENTS
In the said rules, (1) under FR 14 after clause-(f), the following shall be added,
namely,-
“(g) The Lien of (i) a Government employee, appointed outside the

regular line from the date of his relief; (ii) a Government employee
who resigned/are relieved from a post to join in a different post to
which he is selected by direct recruitment, from the date of his
resignation/relief from the old post; and (iii) a Government employee
who is transferred from one department to another on request or
otherwise by way of departmental transfers from the date of his relief
shall stand automatically suspended even if it is not mentioned in such
orders and such Govt. employees shall automatically acquire
provisional lien in the new departments, in which they join”.
2. In FR 14-A after clause-(d) the following shall be added, namely,-

“(e) The Lien of a Government employee, which was automatically
suspended from the date of his relief in the parent department under
clause (g) under FR-14 shall automatically get terminated in the
parent department on the date on which his probation is declared in
the new department or on the date on which his probation is deemed
to have been declared in the new department or the date of his further
promotion in the new department which ever is later subject to a
maximum period of three (3) years”.
3. In FR 14-B, the following shall be added, namely,-
“Note-I: The Lien of a Government employee, which was
automatically terminated under clause (e) under FR 14-A in the
parent department shall automatically be transferred to the new
department from that date.
Note-II: The existing employees who are working in the

departments other than parent departments shall exercise option
within two (2) months from the date of issue of these orders and if no
option is exercised within two (2) months the employee is deemed to
have opted to continue in the other service and his lien in the parent
department shall automatically be terminated. However after
exercising the option within two (2) months they may be allowed four
(4) months to get relief from other department and to join in parent
department i.e. total six (6) months time shall be allowed”.
9. These orders are available on internet and can be accessed at the address
http://www. goir.ap.gov.in.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
Dr. SAMEER SHARMA

SECRETARY TO GOVERNMENT (FP)
To
All the Departments of Secretariat (10 copies each)
The Accountant General, Andhra Pradesh, Hyderabad (20 copies).
The Accountant General, Andhra Pradesh, Hyderabad (by name).
The Pay & Accounts Officer, Hyderabad.
The Secretary to Governor, Andhra Pradesh, Hyderabad.
All Secretaries to Government.
The Private Secretary to the Chief Minister and Private Secretaries to all
Ministers.
All the Heads of Departments (including Collectors and District Judges).
The Registrar, High Court of Andhra Pradesh, Hyderabad (with covering
letter).
The Secretary, Andhra Pradesh Public Service Commission, Hyderabad (with
covering letter).
All the District Treasury Officers (with copies for Sub-Treasury Officers).
The Secretary, Andhra Pradesh GENCO/TRANSCO.
The General Manager, A.P. State Road Transport Corporation, Hyderabad (with
covering letter).
All District Educational Officers/All Principals of Junior Colleges.
All the District Development Officer, Zilla Praja Parishads.
All District Panchayat Officers.
All Mandal Development Officers.
All Secretaries of Zilla Grandhalaya Samsthas through Director of Public
Libraries, Hyderabad.
All Secretaries of Agricultural Market Committees through Director of
Marketing, A.P., Hyderabad.
All Commissioners/Special Officers of Municipalities.
All Recognised service Associations.
The Director, Government Printing Press, A.P. Hyderabad for publication in the Andhra
Pradesh Gazette.
Copy to the General Administration (Cabinet) Department.
Copy to the General Administration (SW) Department.
Copy to SF/S.Cs.
// FORWARDED :: BY ORDER //
SECTION OFFICER.

aaa.doc

Uploaded by

aaa.doc

Uploaded by

GOVERNMENT OF ANDHRA PRADESH

FUNDAMENTAL RULES – Lien - Amendment to FR 14 – Orders – Issued

G.O. Ms. No. 144 dated: 19.05.2009

According to FR 12-A, a Government Servant will acquire a lien on his

2. According to FR 13, unless the lien of a Government Servant is suspended under

3. According to instructions issued by the General Admn. (Services) Dept. under

7. Therefore, Government after careful examination of the matter, have decided to

8. Accordingly, the following notification shall be published in the extraordinary

In exercise of the powers conferred by the proviso to article 309 of the

“(g) The Lien of (i) a Government employee, appointed outside the

2. In FR 14-A after clause-(d) the following shall be added, namely,-

Note-II: The existing employees who are working in the

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

Dr. SAMEER SHARMA

You might also like