Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Termination of lien Rajasthan Service Rules r.18 1951 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
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. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 449 |
Petitioner | State Of Rajasthan & Ors |
Respondent | Dr. Hamir Singh Chouhan (dead) By Lrs & Ors. |
SCR | [2023] 4 S.C.R. 118 |
Judgement Date | 2023-04-28 |
Case Number | 5392 |
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