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1996 Supreme(SC) 688

G.B.PATTANAIK, K.RAMASWAMY
Satya Narain Pareek – Appellant
Versus
State Of Rajasthan – Respondent


ORDER

Leaved granted.

2. 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 filed the writ 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.

3. 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.

4. 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 departmen


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