Brij Lal vs State Of Hp And Ors
2024 Latest Caselaw 12997 HP

Himachal Pradesh High Court

Brij Lal vs State Of Hp And Ors on 3 September, 2024

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9192 /2024.

Date of Decision: 03rd September, 2024.

         Brij Lal                                                   .....Petitioner




                                                                                       .
                                            Versus





     State of HP and Ors.                                           .....Respondents.
     Coram

The Hon'ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1

For the Petitioner: Mr. Pradeep Kumar Sharma, Advocate.

For the Respondents: Mr. B.N. Sharma, Addl. Advocate General.

Bipin Chander Negi, Judge (oral).

Notice. Mr. B.N. Sharma, Ld. Addl. Advocate General,

appears and waives service of notice on behalf of the

respondents.

2. A perusal of impugned order dated 09.08.2024 reflects

that the reason given therein is contrary to the judgment laid

down by this Court in CWP No.6306 of 2024, titled Savita

Gupta Vs. State of HP & ors., decided on 05.07.2024,

wherein, it has been categorically laid down that the benchmark

disability mentioned in Clause 5.3 of the Office Memorandum

dated 10.07.2013 should be read as 40% as mentioned in the

Act and not 60% as is specified in the office Memorandum dated

10.07.2013.

3. In view of the aforesaid, impugned order dated

09.08.2024 (Annexure P-5) is set aside. Respondents/State

Whether reporters of Local Papers may be allowed to see the judgment? Yes

are directed to reconsider and pass afresh order on the

representation so made by the petitioner appended along with

the present petition as Annexure P4. Needful be done within

.

two weeks from today.

4. Accordingly, the present petition is disposed of, so also

the pending application(s), if any.

(Bipin Chander Negi)

Judge 03rd September, 2024 (Gaurav Rawat)