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Civil · Reportable judgment

State of Rajasthan & Ors. vs Dr. Hamir Singh Chouhan (Dead) by Lrs & Ors.

Court
Supreme Court of India
Date
28 April 2023
Case No.
Civil Appeal No. 5392 of 2017
Result
Allowed
Bench
M.R. Shah, C.T. Ravikumar
Citation
[2023] 4 S.C.R. 118 : 2023 INSC 449
Supreme Court Reports [2023] 4 S.C.R. 118 : 2023 INSC 449
Headnote

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.

Full Judgment Text

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment(s) and order(s) passed by the Division Bench of the High Court of Judicature for Rajasthan at Jodhpur in D.B. Civil Special Appeal (Writs) No. 50 of 2015 and other allied appeals by which the Division Bench of the High Court has dismissed the said division appeals preferred by the appellant herein – State of Rajasthan, which were filed against the common judgment and order passed by the learned Single Judge declaring the respondents herein to be entitled to receive pensi
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