Shaffique, J In this case, the 1st petitioner claims to have been promoted as Executive Engineer and the 2nd petitioner as Assistant Executive Engineer under the 7 tire system with effect from 23.7.2002 and 17.8.1998 respectively. The 1st petitioner retired on 31.12.2002 and the 2nd petitioner retired on 31.8.2002. 2. There is no material to indicate that they were promoted in the respective posts on the basis of 7 tier system. That apart, their names were not included in the order dated 20.6.1998. The learned Single Judge allowed the writ petition based on the judgment in W.A. No. 2503/2005. Benefit of the said judgment cannot be extended to the petitioners, since they were not promoted under the 7 tier system. This factual difference has not been noticed by the learned Single Judge.
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3. We have already held in our judgment dated 17.12.2014 in W.A. No. 904/2012, that such persons are not entitled for any benefit flowing from Government Order dated 9.8.1996 as the same has been revoked by Government Order dated 7.10.2003.
In the result the appeal is allowed, setting aside the judgment of the learned Single Judge.
Sd/-
Ashok Bhushan, Ag. Chief Justice Tds/ Sd/-
A.M. Shaffique, Judge.