Service law promotion completes only on actual posting and joining; sealed cover procedure can apply when disciplinary proceedings are pending.

Promotion recommendation was treated as conditional rather than actual promotion, because in service law promotion is complete only when the employee is posted to the promoted post and assumes charge. On these facts, the disciplinary proceedings had already been initiated and were pending before actual posting, so the employer was justified in withholding the posting order and applying the sealed cover procedure. Earlier Supreme Court authorities were found inapplicable because the employee had not been completely exonerated and the departmental process was already in motion. The employee therefore had no enforceable right to insist on posting or consequential benefits before joining the promoted post.

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Issues: Whether the petitioner was entitled to issuance of posting order and consequential benefits on the basis of the promotion recommendation dated 30.8.05 notwithstanding the initiation and pendency of disciplinary proceedings, and whether the sealed cover procedure could be applied before actual posting and joining.

Analysis: The promotion recommendation was treated as conditional and not synonymous with actual promotion. The Court held that promotion in service law becomes effective only when the employee is actually posted and joins the promoted post, because selection by the DPC, acceptance of the recommendation, and assumption of charge are all integral components of promotion. Since disciplinary action had been decided upon before the petitioner could be actually posted, the respondents were justified in withholding the posting order and treating the case as one where the sealed cover procedure applied. The reliance on the earlier Supreme Court authorities was found unhelpful on the facts, as the petitioner was not completely exonerated and the departmental proceedings were already in motion.

Conclusion: The petitioner had no enforceable right to insist on posting and actual promotion while disciplinary proceedings were pending, and the sealed cover approach was upheld.

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