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. 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, the respective respondents filed the writ petitions before the learned Single Judge of the High Court claiming the pensionary benefits from the State Government treating their lien to be continuing with the State. Manish Singhvi, learned senior counsel appearing on behalf of the State has vehemently submitted that all the respective respondents were selected after following the selection process between 1976 and 1978 in the Dairy Federations.
dated 30.01.1976, the respective respondents, who joined the Dairy Federations, their lien was kept for a period of two years 4 14 or their confirmation in the Corporation / Union, whichever is earlier. It is submitted that keeping in mind the above, Rule 18(2) of the Rajasthan Service Rules, 1951 provides that “a Government servant’s lien to a post stands terminated on 5 14 his acquiring a lien on a permanent post, which is outside the cadre post.”
4 Making above submissions, it is submitted that the respondents shall not be entitled to any pensionary benefits as Government employees, after they ceased to have the lien in the State Government on the post on which they were working earlier.
1 Learned counsel appearing on behalf of the respondents has vehemently submitted that as such the respective respondents were sent on deputation to the Dairy Federations and, therefore, they continued to have the lien in the Government. It is submitted that Rule 158 governs the cases of pension of those who are working under the Local Bodies and paid by the Local Funds administered by the Government of Rajasthan, but so far as the respondents are concerned, they were continuing as confirmed Government servants without confirmation in their respective unions and therefore the guideline dated 30.01.1976 could not override the operation of the Rules relating to the lien.
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After their applications and interviews, the respondents were informed with the terms and conditions on which they are absorbed / appointed in the Rajasthan State Dairy Development Corporation Ltd., which read as under:- “With reference to your application and interview for the post of Assistant Officer you are informed that before the appointment can be made your acceptance to the following terms and conditions is necessary. If the terms are acceptable, please send the acceptance in the acknowledgement, given below latest by 16th August 1975, failing which it shall be assumed that you are not interested in the job.” 1 Thus, all of them were specifically informed that regarding their previous service, the matter will have to be settled between them and the State Government and so far as the Corporation is concerned, the appointment will be a fresh appointment. That thereafter, all of them were appointed in the concerned Dairy Federations/Unions under the Rajasthan State Dairy Development Corporation Ltd.
That thereafter after a period of six to nine years of their retirement from the Dairy Development Corporation / Milk Federation Unions, they filed the writ petitions before the High Court claiming pensionary benefits from the State Government contending inter alia that their lien as a Government servant in the Rajasthan Government service have been continued.
Therefore, once the respective respondents were appointed after selection and interview in the Rajasthan Dairy Development Corporation / Milk Federation Unions, they ceased to have the lien in the Government. It is 13 14 observed and held that the respective respondents shall not be entitled to the pensionary benefits from the State Government as directed by the learned Single Judge and the Division Bench.
Pending application, if any, also stands disposed of.
Case Title: THE STATE OF RAJASTHAN Vs. HAMIR SINGH CHOUHAN (DEAD) BY LRS. (2023 INSC 449)
Case Number: C.A. No.-005392-005392 / 2017
