Rajasthan High Court - Jodhpur
State Of Rajasthan vs Hem Singh Chouhan ... on 22 October, 2024
Author: Rekha Borana
Bench: Rekha Borana
[2024:RJ-JD:43292-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 858/2024
1. State of Rajasthan, through Principal Secretary,
Department of Medical Health and Welfare, Govt 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
Hem Singh Chouhan Son of Devi Singh Chouhan, aged about 40
Years, resident of Plot No.6, Purani Baggi Khana, Ratanada,
Jodhpur.
----Respondent
For Appellant(s) : Mahaveer Bishnoi, AAG
For Respondent(s) : Mr. Mahipal Singh Deora
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MS. JUSTICE REKHA BORANA
Order
22/10/2024
In view of the submissions made in this application seeking
condonation of delay of 88 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 88 days
caused in filing the present appeal is condoned.
In D.B. Spl. Appl. Writ No. 858/2024
This Special Appeal has been preferred to question the order
dated 18th March 2024 passed in S.B. Civil Writ Petition
No.14007/2023.
[2024:RJ-JD:43292-DB] (2 of 2) [SAW-858/2024]
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 him 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 D.B. Spl. Appl.
Writ No.858/2024 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
15-KashishS/Devanshi-
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