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Judgment
Rajiv Sharma, Judge
The case of the petitioner, in a nutshell, is that the persons junior to him are drawing higher salary than him. The case of the petitioner was recommended by the Settlement Officer vide Annexure P-5, in the month of January, 2002. However, the fact of the matter is that the case of the petitioner has been rejected by the Financial Commissioner-cum-Principal Secretary (Revenue) to the Government of Himachal Pradesh on 9th January, 2008 merely by stating that the case of the petitioner is not covered under the existing rules/instructions. There is no reference to the date of rules and instructions issued by the State Government on this point. It was necessary for the Financial Commissioner-cum-Principal Secretary (Revenue) to the Government of Himachal Pradesh to at least quote the exiting rules and instructions while deciding the representation made by the petitioner against the orders of the Director, Consolidation of Holdings, Himachal Pradesh dated 20th May, 2005.
Accordingly, the writ petition is allowed. Annexures P-9, dated 9th January, 2008 and P-11, dated 28th April, 2009 are quashed and set aside. The respondents are directed to consider the case of the petitioner afresh in accordance with law by specifically quoting the existing rules and instructions, within a period of two months after the production of certified copy of this judgment by the petitioner. The pending application(s), if any, also stands disposed of. No costs.