A.K. Sikri, J.

1. Respondent No. 1 herein is an employee of the petitioner No. 1, namely, Comptroller and Auditor General of India (hereinafter referred to as "CAG.). In the year 2005, he was holding the post of Assistant Auditor Officer (for short, "AAO.) in the office of Accountant General, Sikkim when he was selected for an assignment posting at the office of Principal Director (Audit), London. Letter dated 20.7.2005 was addressed by the CAG to the Accountant General (Audit), Sikkim informing that posting of the respondent No. 1 in the said office at London had been approved as the incumbent therein was completing his term on 24.11.2005. In this letter, there was a specific stipulation that this posting was for a period of three years and willingness of the respondent No. 1 to serve for that term was sought. The respondent No. 1 was given the aforesaid offer and in response he gave the following undertaking dated 26.7.2005:

UNDERTAKING

With reference to HQ letter No. 3658/GE-I/144/2005, dt. 20.07.2005, I hereby certify that I am willing to work in the HQ office, after return from overseas posting, for three years.

2. Thereupon letter dated 12.8.2005 was issued by the CA