Meaning of Lien.

The ordinary dictionary meaning of the word “lien”, is stated to be “a right to keep possession of property belonging to another person until a debt owed by that person is discharged” or “a right to retain possession of another’s property pending discharge of a debt”. While, according to Black’s Law Dictionary, the said term is defined as “[a] legal right or interest that a creditor has in another’s property, lasting usually until a debt or duty that it secures is satisfied”. However, the above definitions of the term “lien” cannot be strictly applied to a civil servant under the service law of our country. In the context of service law, the term "lien" has a statutory connotation and refers to a legal right of a civil servant to hold a particular post, typically a higher one, to which they have been promoted or transferred, while still retaining a right on their original post, based on provisions provided for the same under the rules or regulations framed by the appropriate Government. Hence, simply put, lien in service law is a right of a civil servant to return to his original position, based on the fulfilment of the conditions set out in the rules or regulations framed by the appropriate Government.

C.M.A.145-Q/2022 Muhammad Saleem v. Govt. of Balochistan through Chief Secretary and another
Mr. Justice Yahya Afridi
21-12-2023












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