Rajasthan High Court - Jodhpur
Narayanee Nath Yogi vs State Of Rajasthan (2025:Rj-Jd:15828) on 26 March, 2025
[2025:RJ-JD:15828]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6209/2025
Narayanee Nath Yogi C/o Ashish Yogi, Aged About 32 Years,
Resident Of Kotri, Po Kotri, District Rajsamand - 313211.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary, Medical
And Health Department, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Director, State Health And Family Welfare Institution
Rajasthan, Jaipur.
3. The Additional Director (Non-Gazetted), Medical And Health
Service, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.
4. The Joint Director, Medical And Health Services, Zone,
Udaipur.
5. The Principal Medical Officer, Common Hospital, Chittorgarh.
----Respondents
For Petitioner(s) : Mr. Rajat Arora.
For Respondent(s) : Mr. Mukesh Dave, AGC
Mr. Tanuj Jain.
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral)
26/03/2025
1. The petitioner herein is aggrieved by the inaction of the
respondents particularly respondents No.2 & 5, who have issued
the work experience certificate to the petitioner by not according
the benefit of weekly-off days and instead applying their own
yard-stick of giving benefit of 04 days off every month only in
those months where the petitioner has rendered 26 days of
service. Wherever the petitioner fell short of less than 26 days,
not only the benefit of 04 days was not given but also she was
held disentitled to weekly off i.e. one day off after serving every
six days.
2. The aforesaid controversy, in fact, has already been put to
rest by a Co-ordinate Bench of this Court in the case of Suresh
Choudhary vs. State of Rajasthan & Ors.: S.B. Civil Writ
[2025:RJ-JD:15828] (2 of 3) [CW-6209/2025]
Petition No.5694/2021, decided on 14.07.2023. The relevant
thereof is reproduced herein-below :-
"5. The fact that the petitioner has not been awarded bonus marks is
not in dispute. The only question, which requires to be decided by this
Court is, as to whether the weekly holiday (Sunday) and National
Holidays etc. can be excluded while calculating experience for the
purpose of bonus marks?
6. The answer to this question does not require any detailed
deliberation. As per the Labour Laws, all
organizations/institutions/enterprises etc., whether government owned
or private are, required to observe weekly offs or are bound to allow
one weekly off to each employee. If the petitioner was allowed a weekly
off by the respondent themselves, his experience cannot be counted
hyper-technically by excluding such day offs. The State's action of
calculating petitioner's working days to be 339 (324+15) days and
considering such period to be the actual working days is clearly illegal
and violative of petitioner's fundamental rights.
7. If 53 days of weekly offs are added in the petitioner's actual number
of working days i.e. 339 as per two experience certificates (Annexure-
3), the petitioner's total number of working days comes to 392 days,
which is obviously more than a year.
8. To provide or allow holiday of Sunday or weekly off is a statutory
duty of all the employers including State Government. Section 13(1)(b)
of The Minimum Wages Act, 1948 and notifications issued by the
appropriate Government from time to time enjoin upon the State
Government/employer to give one paid holiday to the employee every
week. The weekly off cannot be equated with a leave which an employee
takes after it being sanctioned. Such weekly off is observed or required
to be given by the organizations itself, without the employee demanding
it. Hence, such days of weekly offs cannot be deducted while
calculating the experience or counting the number of days a candidate
has worked. The respondent's stand is both, contrary to law and
arbitrary, given that the experience is to be counted on yearly basis as
per Rule 19 of the Rajasthan Medical & Health Subordinate Service
Rules, 1965.
9. Almost similar view has been taken by this Court in the case of
Mahipal Lakhera vs. State of Rajasthan & Ors. : S.B. Civil Writ
Petition No. 2577/2020 decided on 11.01.2021.
10. As a consequence of above deliberation, the present writ petition
is allowed."
3. I am in respectful agreement with the views expressed in the
aforesaid judgment and I see no reason why the benefit thereof
be not also accorded to the petitioner herein, who is similarly
situated as the petitioner therein.
4. Accordingly, the instant petition is disposed of with a
direction to the respondents No.2 & 5 to reissue the work
[2025:RJ-JD:15828] (3 of 3) [CW-6209/2025]
experience certificate to the petitioner after verify her days of
working every month for the duration she rendered her services.
5. Needless to say that she shall be entitled to weekly-off after
completion of every six days in terms of judgment ibid.
6. Upon issuance of fresh certificate, the respondents shall
consider the candidature of the petitioner afresh and accord the
benefit of fresh certificate in accordance with law. Upon doing so,
if petitioner is found on the merit list, appointment order shall be
issued to her on parity with her counterparts.
7. Petitioner shall also be accorded notional benefits including
seniority with effect from the same date when the others are
appointed but she shall not be entitled for any monetary benefits
on the principle of 'No Work No Pay' for the period she remained
out of service. Disposed of accordingly.
8. Pending application(s), if any, stand disposed of.
(ARUN MONGA),J
22-Sumit/Rmathur/-
Whether fit for reporting : Yes / No.
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