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B.Selvam vs The Secretary To Government on 5 October, 2009 cites

U.P. Gram Panchayat Adhikari Sangh & Ors vs Daya Ram Saroj & Ors on 11 December, 2006

51. Reading of the judgment in U.P.Gram Panchayat Adhikari Sangh v. Daya Ram Saroj reported in 2007 (2) SCC 138 in entirety shows that several employees were transferred from Irrigation Department to Gram Panchayats, but subsequently repatriated to parent department. Though the control and supervision was with the Gram Panchayat, the employees were paid salaries in the Irrigation Department and they earned their promotion in the parent department. The lien was retained in the respective department. In the said context, the Supreme Court held that "transfer" employed in Section 25 of the U.P. Co-operative Societies Act, to mean as "deputation". The above said judgment, may not in strict sense be applicable to the case on hand, insofar as the interpretation of the word "transfer" as employed in Section 116(1)(d) of the Coimbatore City Municipal Corporation Act, 1981 and Section 73-A of the Tamil Nadu District Municipalities Act, 1920 is concerned. Unlike in the above judgment, an officer or employee, who is transferred from Municipal Corporation to any one of the services, constituted in the municipalities or vice versa, in exercise of the powers conferred on the Government, does not in all cases, retain their lien in the parent department. Therefore, this Court is of the considered view that the term "transfer" employed in the above Sections, cannot in all cases be interpreted to mean only "deputation". If such an interpretation is given, then the Government would be powerless to transfer an officer or employee from the Municipality to Municipal Corporation and vice versa.
Supreme Court of India Cites 22 - Cited by 134 - H K Sema - Full Document
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