Hon’ble Ashok Bhushan, J.—A learned Single Judge, while hearing Writ Petition No. 20740 of 2012 (Arun Kumar Singh and others v. State of U.P. and others) and other similar matters made a reference for constituting a Full Bench to answer following three questions :

“(a) Whether the power of the parent department to revoke the deputation even before the expiry of the term for good and valid reason is lost, only due to the fact that the deputationist was getting some additional monetary benefits while working on deputation.

(b) Whether the decision of the employer in revoking the deputation even before expiry of the term on good and valid reasons would be bad merely because the employee during deputation was getting better salary/allowances.

(c) Whether the Single Judge was justified in declaring the judgment of the Single Judge and of the Division Bench dated 17.2.2011 and dated 27.5.2011 respectively as Per Incuriam or he was obliged to refer the matter to a larger bench if he had doubts about the said judgments.”

The Hon’ble the Chief Justice vide order dated 22nd May, 2012 constituted this Full Bench.

2. Before we proceed to answer the questions referred, it is necessary