Summary
The Court rejected State pension claims by former government veterinary officers who voluntarily took fresh appointments after selection in dairy organisations, became permanently absorbed there and received their retirement benefits. Their government lien did not continue after acquiring the new substantive employment. The High Court’s contrary pension directions were set aside.
Issues
- Whether government lien continued after permanent absorption following selection in the dairy organisations.
- Whether the former employees could claim State pension on that asserted continuing lien.
Provisions considered
- Rule 18, Rajasthan Service Rules, 1951Applied termination of the former lien upon acquisition of a lien on a permanent post outside the cadre. (¶¶ 7.1, 7.2)
Held
- The appointment documents established fresh recruitment through applications, interviews and selection, rather than continuing government deputation. Before accepting, the employees had also been informed that the government lien would be retained for two years or until confirmation, whichever was earlier. They accepted those terms and subsequently served, obtained promotions and retired in the dairy organisations. (¶¶ 7, 7.1)
- Two liens on substantive posts could not coexist. Once permanently absorbed in the new organisations, the respondents ceased to have government lien and could not obtain the State pensionary benefits directed by the High Court on the contrary premise, particularly after receiving retirement benefits from their new employers. (¶¶ 7.1, 7.2)
- The Court rejected the particular continuing-lien claim decided below; its conclusion rested on the recorded recruitment and permanent absorption rather than treating every temporary move outside government service as terminating lien. (¶ 7-8)
Result
State appeals allowed without costs; the Single Judge and Division Bench judgments granting State pensionary benefits were set aside.