In such situation if the employee is under the Central Government, as far as I understand, it appears that the order of promotion of such officer may become invalid and the officer may be required to be considered afresh by the next DPC held in the normal course after he joins his duty on expiry of the extraordinary leave. I am writing this on the basis of the Office Memorandum No. 20034/5/2002-Estt(D) dated August 4th, 2004, of the Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), the relevant extract from which is as under:
“It is clarified that if on the basis of empanelment for promotion against vacancies arising in a vacancy year, a promotion order contains name of a person who is on a sanctioned leave, a copy of the same is to be endorsed to the officer at his leave address by registered/speed post etc. along with necessary advice about the authority to whom he is to report for assuming charge of the higher post. If the Officer assumes charge of the higher promotional post by curtailing leave, if necessary, within the currency of the vacancy year for which the panel is prepared, or within six months from the date of the promotion order, or before the last person borne on the panel is offered promotion without being required to be reassessed by a fresh DPC, whichever is later, the officer will not be required to be considered afresh by the next DPC and he will retain his seniority as per the position in the panel on the basis of which he has been promoted. If, however, he does not join to assume charge of the higher post within the period as specified above and continues to remain on long leave or seeks further extension of leave, the order of promotion, insofar as the said officer is concerned, will become invalid and the officer will be required to be considered afresh by the next DPC held in the normal course after he joins his duty on expiry of the leave. His seniority on subsequent promotion will be as per the position in the fresh panel. This will equally apply to cases of promotion by mode of selection as well as non-selection. While referring the order of promotion to the officer on leave, it would be necessary to bring to his/her notice the above position.”
The above O.M. lays down provision in respect of an officer who is on a sanctioned leave. Obviously, an officer who is on an extraordinary leave cannot be in a better position than an officer on a sanctioned leave.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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