T. R. Sharma vs Prithvi Singh & Anr. Etc on 17 November, 1975
That was also the view
expressed in T.C. Sharma case. But then, the appellant never
wanted to return back to his parent department. He was
stoutly opposing repatriation and asserting his right to
remain in the ex cadre post. He has thus denied himself of
the benefit or' that rule.