Shalu Jiaswal vs AIIMS on 5 November 2026

CENTRAL ADMINISTRATIVE TRIBUNAL PATNA Order Sheet Item no.: 25 O.A./542/2026 (RANCHI) [ RE-APPOINTMENT ] Court No.: 1 No of Adjournment: 3 Order Dated: 05/11/2026 SHALU JIASWAL Vs AIIMS

For Applicant(s) Advocate : Mr. Mohan Kumar Dubey For Respondent(s) Advocate : Mr. Vinod Kumar Sahu, Sr. Panel Counsel Order of The Tribunal Learned counsel for the parties are present and heard. This case is fixed for filing of the written statement, which has not yet been filed. Learned counsel for the applicant, while pressing the prayer for interim relief, seeks a direction to the Competent Authority to keep one post of Senior Nursing Officer vacant at AIIMS, Deoghar, till the disposal of the present Original Application. The brief facts of the case, as submitted by counsel for the applicant, are that the applicant joined the post of Nursing Officer at AIIMS, Deoghar, on 10.03.2021, initially on a probation period of two years. It is submitted that no adverse entry was recorded against her, nor was her probation period extended. Accordingly, upon completion of the probation period, she attained the status of a permanent employee. Subsequently, with effect from 01.01.2025, she was promoted to the post of Senior Nursing Officer. In the meantime, the applicant had appeared in the UPPSC examination for the post of Staff Nurse (M/F), pursuant to the notification dated 21.08.2023, in respect of which she had already informed her department on 18.09.2023. Upon receiving information regarding her selection, she submitted three months' prior notice on 16.09.2025 regarding her proposed resignation. She was also issued a No Objection Certificate by the department on 17.03.2025. Thereafter, on 02.12.2025, the applicant submitted an application seeking acceptance of her technical resignation along with all consequential benefits. Pursuant thereto, the Competent Authority issued a relieving order dated 16.12.2025. However, owing to certain unavoidable circumstances, the applicant, on 10.02.2026, submitted an application before the concerned authority seeking permission to rejoin her services at AIIMS, Deoghar. By way of the said application, she also sought the benefit of lien in terms of her claim that her resignation was a technical resignation. Counsel for the applicant further submits that, in terms of the DoP&T Office Memorandum dated 10.06.2019, bearing No. 28035/2/2014-Estt. (A), particularly paragraph 2(c) thereof, the applicant approached the concerned authority within a period of 90

days. It is, therefore, contended that there is no legal impediment to consideration of her claim. However, the Competent Authority, without properly considering her request and representation, rejected the same vide communication dated 21.07.2026, which is under challenge in the present OA. It is further contended that the benefit of lien is available to a Government employee who has attained permanent status upon successful completion of the probation period without any extension thereof. According to learned counsel, such an employee cannot be deprived of the right to seek the benefit of lien in connection with a technical resignation, such right of lien even cannot be treated as relinquished by the employee. Counsel for the applicant has also placed reliance upon the DoP&T Office Memorandum dated 24.11.2022, which, with reference to the Ministry of Finance Office Memorandum dated 17.06.1965, provides that resignation may be treated as a technical formality where a Government servant, having applied through the proper channel for a post in the same or another department, is required to resign from the previous post on being selected, for administrative reasons. It is further submitted that the aforesaid Office Memorandum dated 24.11.2022 is also applicable to AIIMS in view of the Office Memorandum dated 25.11.2025 issued by the Government of India, Ministry of Health and Family Welfare.

Counsel for the applicant has also placed reliance upon the order dated 02.02.2026 passed by the Coordinate Bench of the Tribunal at Chandigarh in OA No. 60/876/2025 in support of his claim. Counsel for the applicant further submits that, although the relieving order dated 16.12.2025 does not specifically contain the expression 'technical resignation' and is described as a simple relieving order, but applicant, vide her application dated 02.12.2025, had specifically requested the concerned authority, through the proper channel, to accept her technical resignation. It is, therefore, contended that her right to seek the benefit of lien and consequent rejoining to the post of Senior Nursing Officer at AIIMS, Deoghar, remains intact. On the other hand, counsel for the Opposite Party submits that, due to certain reasons, he could not file the written statement as well as the reply to the prayer for interim relief. He undertakes to file the written statement within a period of two days. Accordingly, counsel for the Opposite Party is directed to file the written statement within a period of two days. Having considered the submissions advanced by counsel for the applicant and upon a prima facie consideration of the materials placed on record, we find that the applicant has raised a substantial issue requiring consideration. The matter also concerns public interest. At this stage, a prima facie case appears to have been made out in favour of the applicant, and the balance of convenience also lies in her favour. It is further observed that, in the event another candidate is appointed against the post of Senior Nursing Officer at AIIMS, Deoghar, during the pendency of the present OA, the applicant may suffer serious hardship and irreparable loss, which may not be adequately compensated at a later stage. In view of the above facts and circumstances, and having regard to the submissions advanced on behalf of the applicant, we direct the Opposite Party/Competent Authority to keep one post of Senior Nursing Officer vacant at AIIMS, Deoghar, till the decision of OA, and not to make any appointment against the said post during the pendency of the present OA. List this case on 18.01.2027.

KUMAR RAJESH CHANDRA Member (A) Justice Narendra Kumar Johari Member (J) Sonali Lal ( court master )