C. Rangaswamaiah & Others vs Karnataka Lokayukta & Others on 21 July, 1998
Till that date, for all purposes, the petitioner continued to be an employee of the National College of Education, Shimoga. It is also not in dispute that during the relevant period, necessary contribution towards retirement benefits was being collected from the petitioner. This is clear from Annexures-H.1, H.2 and H.3 produced by the petitioner and also the observation made in the impugned order Annexure-J, dated 12-4-2000 wherein a direction was given to refund the contribution collected from the petitioner. The view I have taken above is also supported by the decision of the Supreme Court in the case of C. Rangaswamaiah and Ors. v. Kamataka Lokayukta and Ors., relied upon by Sri Rudragowda, learned Counsel for the petitioner, wherein the Hon'ble Supreme Court has taken the view that even when an employee is sent on deputation, he continues to be an employee of the lender. It is useful to refer to the observation made by the Supreme Court at paragraph 22 which reads: