Rajasthan Service Rules, 1951 – r.18 – Termination of lien – Respondents were initially appointed in the Animal Husbandry Department of the State of Rajasthan – Subsequently, all of them applied for appointment in the Rajasthan State Dairy Development Corporation Ltd. and were appointed in the respective Milk Unions under the Dairy Federations – Lien of the respective respondents was terminated w.e.f. the date on which they were absorbed/made permanent in the Dairy Federations – All of them retired as employees of the Dairy Federations – However, later, the respondents claimed pensionary benefits from the State Government treating their lien to be continuing with the State – Allowed by High Court – Sustainability of – Held: Not sustainable – There cannot be two liens on two substantive posts – Even as per r.18 of the 1951, Rules which provides for termination of lien, a Government servant’s lien on a post stood terminated on his acquiring a lien on a permanent post outside the cadre on which he is borne – Thus, once the respondents were permanently absorbed and became an employee of the Dairy Development Corporation/Milk Federation Unions, they ceased to have the lien with the State Government – Therefore, they shall not be entitled to the pensionary benefits as State Government employees and that too after having received the retirement benefits from the Dairy Development Corporation / Milk Federation Unions – Judgment and order passed by the Single Judge and the Division Bench quashed and set aside – Service Law.
State of Rajasthan and Anr. vs. S.N. Tiwari and Ors., (2009) 4 SCC 700 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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