TMI Blog2013 (12) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... nnot 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. - W.P.No.27145 of 2013 - - - Dated:- 19-9-2013 - SRI L. NARASIMHA REDDY AND SRI S.V.BHATT, JJ. For the Petitioner : Sri Pavan Kumar ORDER: (Per LNR,J) The petitioner is working as Assistant Commissioner of Customs and Central Excise at Hyderabad. The relevant service rules provide for financial upgradation (for short 'upgradation'), in lieu of p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2013, the Tribunal dismissed the O.A. Hence this writ petition. Sri Pavan Kumar, learned counsel for the petitioner submits that the eligibility or otherwise of an employee for promotion or other benefits is to be assessed as on the date on which the DPC meets and any development that takes place subsequent thereto, if at all, would be considered only at the next stage. He submits that mere issuance of charge sheet that too at a later point of time does not at all provide any justification for the respondents to withhold the benefit, which the petitioner is otherwise entitled to. He places reliance upon the judgment of the Supreme Court in Union of India vs. K.V.Jankiraman1. Learned Assistant Solicitor General appearing for the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was that he is not eligible, the matter would have been closed at that stage. The subject matter of the judgment in Janakiraman's case (1 supra) was totally different from the one of the present case. The petitioner is technically correct, when he pleads that the process of sealed cover cannot be applied to his case, since as on the date of the consideration by DPC, no charge sheet was issued to him. However, the assessment by DPC is not the final word in the matter pertaining to promotion or extension of the benefit of financial upgradation, as the case may be. It is a different matter that the discretion of the appointing authority is somewhat circumscribed to the extent of either accepting or not accepting the recommendation of the D ..... X X X X Extracts X X X X X X X X Extracts X X X X
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