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2013 (12) TMI 31 - ANDHRA PRADESH HIGH COURTBenefit of Financial upgradation in lieu of promotion – Sealed cover procedure - Held that:- The petitioner is technically correct as the process of sealed cover cannot be applied - as on the date of the consideration by DPC, no charge sheet was issued to him - the assessment by DPC is not the final word in the matter pertaining to promotion or extension of the benefit of financial upgradation - As long as the appointing authority has the power not to accept the recommendation of the DPC, may be by furnishing the reasons, which may include those, that were not in existence by the time the DPC met, the petitioner cannot be said to have derived or acquired any right, on the sole basis that DPC cleared his case - since the case is almost at twilight stage, viz., between the clearance by DPC and the issuance of consequential orders by the appointing authority – there is no harm either to the petitioner or to the respondents, if the sealed cover procedure is adopted - Decided in favour of Petitioner.
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