Rajasthan High Court - Jodhpur
Prem Prakash vs State Of Rajasthan on 19 July, 2022
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4313/2022
Prem Prakash S/o Shri Mangilal, Aged About 35 Years, Resident
Of 155, Sindhi Colony, Near Jhulelal Mandir, Pali (Raj.), Mobile
No. 9660715816.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Medical And
Health Services, Government Of Rajasthan, Secretariat,
Jaipur.
2. Director (Non Gazetted), Medical, Health And Family
Welfare Department, Swasthya Bhawan, Rajasthan,
Jaipur.
3. Joint Director, Medical And Health Services, Zone
Jodhpur, Jodhpur.
4. Chief Medical And Health Officer, Jalore.
5. Chief Medical And Health Officer, Pali.
----Respondents
For Petitioner(s) : Mr. Yashpal Khileree.
For Respondent(s) : Mr. K.S. Rajpurohit, AAG.
Mr. Shreyansh Mehta.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
19/07/2022
Learned counsel for the parties submit that the issue raised
in the present writ petition is similar to that of Jagdish Prasad Nai
v. State of Rajasthan & Ors.: S.B. Civil Writ Petition
No.1507/2022 & other connected matters, decided on 26.5.2022
and, therefore, the present writ petition may also be decided in
light of and with similar directions as given in the said case.
(2 of 3) [CW-4313/2022]
In the case of Jagdish Prasad Nai (supra), it was inter alia
observed and directed by this Court as under:-
"These writ petitions have been filed by the
petitioners aggrieved against the action of the
respondents in counting the period of experience of the
petitioners, which has resulted in either their becoming
disqualified for applying to the post of Laboratory
Assistant pursuant to the advertisement dated
29.5.2018 and/or to get less bonus marks than what
they are actually entitled to.
Submissions have been made that though the
petitioners have worked for the entire month, as the
emoluments paid to the petitioners have been
calculated based on 26 days emoluments, the
respondents while calculating the period of experience,
have not treated them to have worked for the entire
month, which action of the respondents is contrary to
the factual position as well as the provisions of the
Minimum Wages Act, wherein, the minimum wages are
required to be calculated in terms of the notifications
issued, which provide that the daily wages are required
to be calculated by dividing the monthly wages by 26
days and that in the rates fixed, weekly holidays are
included in salary, therefore, the respondents could not
have deducted the period based on the fact of
payment of wages for particular number of days.
Further reliance has been placed on judgment in
Mahipal Lakhera v. State of Rajasthan & Ors.: S.B.
Civil Writ Petition No.2577/2020, decided on
11.1.2021.
Learned counsel for the respondents made
submissions that wherever the petitioners have
objections pertaining to the calculation made by the
respondents pertaining to their period of experience,
they may make representations to the respondents
and the same shall be appropriately decided by the
respondents.
In view of the above submissions made, the
petitioners may make representation to the Director
(Non-Gazetted) with regard to the calculation of their
(3 of 3) [CW-4313/2022]
experience and consequential fact about their eligibility
/ award of bonus marks within a period of 15 days
from today.
The Director (Non-Gazetted) would pass
appropriate orders on the representations to be made
by the petitioners within a period of four weeks
thereafter.
The petitioners would be free to take appropriate
proceedings, in case, they have any grievance qua the
decision taken by the authority in this regard.
The respondents shall not conclude the
recruitment before passing of the final orders as
indicated hereinbefore.
It is expected of the respondents to conclude the
entire exercise by 31st of July, 2022."
In view of the submissions made, the petition filed by the
petitioner is disposed of in light of and with similar directions as
given in the case of Jagdish Prasad Nai (supra).
(ARUN BHANSALI),J
16-pradeep/-
Powered by TCPDF (www.tcpdf.org)
