Rajasthan High Court - Jodhpur
State Of Rajasthan vs Aftab Khan (2024:Rj-Jd:43050-Db) on 21 October, 2024
Author: Rekha Borana
Bench: Rekha Borana
[2024:RJ-JD:43050-DB]
HIGH COURT of JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 1001/2024
1. State of Rajasthan, through Principal Secretary, Department
of Medical Health and Family Welfare, Government of
Rajasthan, Secretariat, Jaipur (Raj.).
2. The Director (Non Gazetted), Medical and Health Services,
Raj., Jaipur.
3. Additional Director (Administration), Directorate of Medical
and Health Services, Raj., Jaipur.
4. The Principal and Controller, Dr. S.N. Medical College,
Residency Road, Jodhpur.
5. The Superintendent, Umaid Hospital, Siwanchi Gate, Jodhpur
(Raj.).
----Appellants
Versus
Aftab Khan S/o Shri Mohammed Javed, aged about 29 Years, r/o
Sojati Gate, Silawato Ka Bass, Jodhpur, Rajasthan.
----Respondent
For Appellant(s) : Mr. Mahaveer Bishnoi, AAG
For Respondent(s) : --
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MS. JUSTICE REKHA BORANA
Order
21/10/2024
In view of the submissions made in this application seeking
condonation of delay of 126 days, we feel that the appellant-State of
Rajasthan has made out a case for condoning the delay and,
accordingly, I.A. No.01/2024 is allowed. The delay of 126 days caused
in filing the present appeal is condoned.
In D.B. Spl. Appl. Writ No. 1001/2024
This Special Appeal has been preferred to question the order
dated 27th July 2022 passed in S.B. Civil Writ Petition No.788/2022.
[2024:RJ-JD:43050-DB] (2 of 2) [SAW-1001/2024]
2. Before the writ Court, a challenge was made to the order dated
31.07.2023 rejecting the claim of the writ petitioner to provide his
bonus marks as per actual length of his work experience, without
excluding Sundays and holidays.
3. Learned counsel for the appellant at the outset submits that the
issue in question would be covered by the judgment passed by this
Court in D.B. Special Appeal Writ No.862/2024 (State of Rajasthan &
Ors. vs. Bharti) decided on 09.09.2024.
4. In Bharti's case (supra), the Court held as under:
"8. There is no denial by the respondent that under the
Rules of 1965 the qualification for the post of Lab Assistant
is (i) Senior Secondary with Science or its equivalent and
(ii) any Diploma in Medical Laboratory Technology from an
institute recognized by the State Government. The
respondent pleaded that after the commencement of the
Rajasthan Medical & Health Subordinate Service
(Amendment) Rules, 2018, the persons having 3 years
experience of working as Laboratory Assistant/Laboratory
Technician in the State Government hospitals are also
eligible; the respondent was working on contractual basis
as Laboratory Technician. We accord our concurrence to
the view expressed by the writ Court to the extent that Lab
Technician or Lab Assistant as long as they work in the
Laboratory, the experience obtained by them must be
counted.
9. In that view of the matter, we are not inclined to
entertain this Special Appeal which is accordingly
dismissed."
5. In view of the above decision, the present special appeal is also
dismissed following the pronouncement in D.B. Special Appeal Writ
No.862/2024 that the experience obtained by the Lab Technician and
Lab Assistant has to be counted as long as they worked in the
laboratory.
6. All pending applications also stand disposed of.
(REKHA BORANA),J (SHREE CHANDRASHEKHAR),J
30-AbhishekK, T.Singh/-
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