STATE OF RAJASTHAN & ORS versus DR. HAMIR SINGH CHOUHAN (DEAD) BY LRS & ORS.

Citation: [2023] 4 S.C.R. 118 · Decided: 28-04-2023 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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SUPREME COURT REPORTS
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[2023] 4 S.C.R. 118
118
STATE OF RAJASTHAN & ORS.
v.
DR. HAMIR SINGH CHOUHAN (DEAD) BY LRS & ORS.
(Civil Appeal No. 5392 of 2017)
APRIL 28, 2023
[M. R. SHAH AND C. T. RAVIKUMAR, JJ.]
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.
Case Law Reference
(2009) 4 SCC 700
referred to
Para 4.3
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119
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5392
of 2017.
From the Judgment and Order dated 09.02.2015 of the High Court
of Rajasthan at Jodhpur in DBCSA No. 50 of 2015.
With
Civil Appeal Nos. 5393, 5391 and 5394 of 2017.
Dr. Manish Singhvi, Sr. Adv., Ms. Shubhangi Agarwal, Arpit
Parkash, Sandeep Kumar Jha, Ms. Ruchi Kohli, Advs. for the Appellants.
Uday Gupta, Ms. Shivani M. Lal, Ms. Sanam Singh, S. S. Sisodia,
M. K. Tripathi, Harish Dasan, Rajiv Ranjan, Rajeev Kumar Gupta, Hiren
Dasan, Ms. Charu Mathur, Advs. for the Respondents.
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 pensionary
benefits in essence by treating their lien to be continuing with the State
Government upto the date of their permanent absorption with the
Rajasthan Co-operative Dairy Federations (hereinafter referred to as
“Dairy Federations”), the State of Rajasthan has preferred the present
appeals.
2. That the respondents herein were initially appointed in the Animal
Husbandry Department either as Animal Husbandry Extension Officer
or Veterinary Assistant Surgeon in the year 1971. That all of them were
subsequently selected after following the due selection process between
1976 to 1978 in the Dairy Federations. That as per the relevant G.O. and
the relevant Rules, the respondents continued to have the lien with the
parent department / State Government. That the names of the
respondents appeared in the seniority list of the Dairy Federations and
all of them were promoted in the year 1983 or 1989 in the Dairy
STATE OF RAJASTHAN & ORS. v. DR. HAMIR SINGH
CHOUHAN (DEAD) BY LRS & ORS.
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SUPREME COURT REPORTS
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Federations. All of them retired as employees of the Dairy Federations
between 1999 to 2003. All of them received the retirement benefits from
the Dairy Federations.
2.1 Thereafter, after a period of approximately six to nine years,
from the date of superannuation from the Dairy Federations and after
receiving all the retirement benefits from the Dairy Federations, t
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