ASHOK BHUSHAN, J. - (1.) A learned Single Judge, while hearing Writ Petition No.20740 of 2012 (Arun Kumar Singh and others vs. 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 17.02.2011 and dated 27.05.2011 respectively as per incuriam or he was obliged to refer the matter to a larger bench if he had doubts about the said judgments."
(2.) THE Hon'ble the Chief Justice vide order dated 22nd May, 2012 constituted this Full Bench. Before we proceed to answer the questions referred, it is necessary to note background facts giving rise to the reference. It shall be sufficient to note the pleadings in Writ Petition No.20740 of 2012 (Arun Kumar Singh and others vs. State of U.P. and others) for considering the questions referred which may be treated as leading writ petition. The petitioners were appointed as Assistant Teachers in Junior Basic Schools run by U.P. Board of Basic Education. The petitioners were appointed as Assistant Teachers between 1997 to 1999 and were subsequently given promotion as Assistant Teacher in Senior Basic Schools between the year 2004-2006. The constitutional provisions contained in Part-IV of the Constitution of India (Articles 39, 41, 45 and 46) enjoin upon the State to frame its laws and policy to implement objectives which have been delineated in the aforesaid constitutional provisions. The aforesaid constitutional provisions enjoin the State to take effective steps for providing education to children. Right to education is now a fundamental right of children between age of 6 to 14 and State is obliged to provide free and compulsory education to all children. The Central Government for attaining the aforesaid objectives, had taken a policy decision to launch a mission namely "Sarva Shiksha Abhiyan". The State Governments were involved in the implementation of the scheme so that compulsory education be provided to children. The State of U.P. has also launched various schemes for achieving the aforesaid goal. The Block Resource Centres and Nyaya Panchayat Resource Centres (BRC and NPRC) were created towards the aforesaid end.
(3.) A Government order dated 1st September, 2001 was issued providing for a methodology for selecting coordinators/co-coordinators at Block Resource Centres and Coordinator at Nyaya Panchayat Resource Centres. The Government order contemplated selection of coordinator at Block Resource Centre from amongst Headmasters of primary school or Assistant Teachers of junior high schools or a teacher who has worked as coordinator at Nyaya Panchayat Resources Centre for two years. Similarly for Co-coordinator at Block Resource Centres Assistant Teachers of primary schools having four years experience were eligible. For Coordinator at Nyaya Panchayat Resource Centre, Headmaster of primary schools or Assistant Teacher of junior high schools having 8 years service were eligible. Necessary posts for coordinator/co-coordinator at Block Resources Centres and coordinator at Nyaya Panchayat Resource Centres were created by the State Government. Large number of coordinator/co- coordinators at Block Resource Centres and coordinator at Nyaya Panchayat Resource Centres were appointed in pursuance of the Government order as modified from time to time. The engagements of coordinator/co-coordinator were initially for a period of two years.;