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(6) The officer or servant transferred under sub-section (5) shall-

(a) have his lien on the post held in the parent Corporation;

(b) not be put to disadvantageous position in respect of pay and allowances which he would have been entitled to had he continued in the parent Corporation;

(c) be entitled to deputation allowances at such rate as the State Government may by general order specify; and

7. By referring to letter dated 11.01.2022, it was submitted by counsel for municipal corporation that municipal corporation had sent the information of vacant post to Professional Examination Board but that does not mean that Municipal Corporation, Gwalior had ever made any requests for filling up the vacant post. Accordingly, Municipal Corporation, Gwalior is directed to ; (i) file a detailed reply as to why no steps were ever taken to fill up the vacant posts as per the provisions of Section 58 (1) of Act, 1956 and Rules, 2000, (ii) why Municipal Corporation, Gwalior allowed the persons to be posted on deputation in excess of the sanctioned post,

(ii) why Municipal Corporation, Gwalior allowed the persons to be posted on deputation in excess of the sanctioned post ?

(iii) why Municipal Corporation, Gwalior succumbed to the dictations of the State Government to accept the persons on deputation contrary to the Rules, 2000?

3. In reply to those questions, Municipal Corporation, Gwalior has submitted that in the year 2016 a requisition was forwarded to examination body for initiating recruitment against 106 post. The examination body conducted the recruitment process only for a part of requisition, pursuant to which appointments were made and at present 26 candidates from the said recruitment are serving. It is submitted that in the year 2021 also the answering respondent again communicated to examination body regarding the requirement to fill-up 137 posts. However, examination body conducted a recruitment process only in respect of some of the notified posts resulting in 41 appointments on which presently 33 candidates are working. It is further mentioned that advertisement has been issued on 22/07/2024 for recruitment on various post against handicapped quota by walk-in interview and that process is going on and in near future the same is likely to be completed.

6. But so far as the present rule is concerned, it only provides to a transfer and it does not change the employer of the incumbent. It only lays down that the State Government has a power to send any officer or servant of the Municipal Corporation to another on deputation, but for all purposes of promotion and other benefits, the incumbent will be treated to be in his parent department/Corporation, that means his lien will be kept with Corporation and he will be entitled to a deputation allowance also. Thus, these conditions amply safe-guard the interest of the incumbent and it would not have the effect of terminating of service of the employee in that parent Corporation. Therefore, the reasoning of the aforesaid Judgment will not be available to the petitioners so as to strike down provisions of sub-sections (5) and (6) of section 58 of the Act, 1988.