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PETITIONER: SATYA NARAIN PAREEK

       Vs.

RESPONDENT: STATE OF RAJASTHAN & ANR.

DATE OF JUDGMENT:       29/03/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

CITATION:  JT 1996 (4)   584        1996 SCALE  (3)671

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.        Admittedly,  the appellant  was appointed  as a Lower division Clerk in the Technical Education Department. He was transferred on  deputation to  the Transport  Department. In the impugned  order he  was  repatriated  to  the  Technical Education Department.  Calling that  action in question, the appellant field  the write petition No. 2058/89. The learned single Judge  of the  High Court  by order  dated  16.7.1990 dismissed the  same. On  appeal,  in  Civil  Special  Appeal No.215/90, it  was confirmed by the Division Bench. by order dated May 13, 1994. Thus this appeal by special leave.      The only  controversy raised  by Shri K. Madhava Reddy, the learned senior counsel for the appellant is that in view of  the   letter  addressed   by  the   Technical  Education Department that  his lien  was suspended and he could not be taken back into the service, the appellant has lost his lien in the  parent department.  Therefore, he  must be deemed to have permanently  absorbed in  Transport Department. We find no force in the contention.      In the  counter-affidavit filed  by the  state.  it  is stated  that   "Since  the   petitioner   was,   admittedly, temporarily transferred to a tenure post, his lien in parent department cannot  be suspended  under 1951 Rules. The claim of  the   petitioner  that   his  lien  exist  in  Transport department is without any basis and Wholly misconceived". In view of  the above  specific stand taken by the state and it is also  consistent with  the rules that since the appellant being  a   permanent   employee   in   Technical   Education Department,  during   his  deputation   in   the   Transport Department his  lien  shall  always  remain  in  the  parent department. On  his repatriation, he goes back to his parent department, namely, Technical Education Department and he is entitled to his claims in his own right in that department.      The appeal is accordingly dismissed. No costs.

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