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4. Dr. 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. It is submitted that all of them were absorbed permanently in the Dairy Federations and they continued to work in the Dairy Federations as employees of the Dairy Federations till they attained the age of superannuation and retired.

4.1 It is submitted that as per G.O. dated 30.01.1976, the respective respondents, who joined the Dairy Federations, their lien was kept for a period of two years or their confirmation in the Corporation / Union, whichever is earlier. It is submitted that therefore, on and after they got confirmed in the Dairy Federations, the respective respondents were not entitled to have any lien elsewhere. It is submitted that therefore the lien could not have been extended beyond a period of two years.

4.2 It is further submitted that therefore, once the respondents became the employees of the Dairy Federations, even as per Rule 18(2) of the Rajasthan Service Rules, 1951, they ceased to have a lien on the post on which they were earlier working with the State Government.

4.3 It is submitted that in the case of State of Rajasthan and Anr. Vs. S.N. Tiwari and Ors., (2009) 4 SCC 700, it has been clearly held that when a person with a lien against the post is appointed substantively to another post, then he acquires a lien with the later post. A person cannot be substantively appointed on two substantive posts simultaneously. It is submitted that this is the basis of entire service jurisprudence. 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 his acquiring a lien on a permanent post, which is outside the cadre post.” 4.4 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.

5.4 It is submitted that so far as the position of the Rules is concerned, the question of lien has to be decided with reference to Rules 15 and 18 of the Rajasthan Service Rules, 1951. It is submitted that the lien acquired by a Government servant cannot be terminated even with his consent if he is left without lien. It is submitted that in the facts of the present case, the lien acquired by each of the respondents under the Government could not have come to an end by their posting and continuance in the respective Milk Unions until they were absorbed therein. It is submitted that till the date they were absorbed they continued to be the Government servant and, therefore, were entitled to the pension according to the Rules. 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. It is submitted that the legal position is that the lien could not be terminated even with the consent of the Government servant, if he is left without lien.

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. Once the respondents were absorbed on selection and after selection process in the Dairy Development Corporation / Milk Federation Unions, they worked as such and even got the promotion, thereafter, the respective respondents ceased to have the lien in the Government service. The letter dated 30.01.1976 is very clear. Even as per Rule 18 of the Rajasthan Service Rules, 1951, which provides for termination of lien, “a Government servant’s lien on a post stands terminated on his acquiring a lien on a permanent post outside the cadre on which he is borne”. 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.