JUDGMENT

Sandeep Sharma, J. - In the instant proceedings filed under Article 226 of the Constitution of India, prayer has been made on behalf of the petitioner to quash and set-aside order dated 9.8.2011 (Annexure P-4), passed by respondent No.1 in purported compliance of order/judgment dated 29.12.2010, passed by the Division Bench of this Court in CWP No. 3561 of 2010, titled Dr. Kamal Dev Sharma v. State of HP and Ors., whereby following directions came to be issued:-

"Having regard to the CCS (Pension) Rules, 1972, having regard to the GPF Rules and having regard to the submissions as above, we are of the view that in the case of the petitioners, the matter requires fresh consideration by the Government since as the amendment introduced w.e.f. 15.5.2003, all appointments made in the State of Himachal Pradesh on or after the date of publication of the notification namely, on 15.5.2003, they alone are not be covered by CCS (Pension) Rules, 1972. It is also to be noted as per the Scheme dated 17.8.2006, the same is only made applicable to the new appointees appointed after 15.5.2003.

Having regard to the factual matrix and legal position as referred to above, whereby the appointme