Rajasthan High Court - Jodhpur
Jagdish Prasad Nai vs State Of Rajasthan on 26 May, 2022
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1507/2022
Jagdish Prasad Nai S/o Babu Lal Nai, Aged About 49 Years, R/o
Bhartiyo Ki Dhani, Ward No. 13, Ratangarh, Churu.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Medical And Health Services, Government Secretariat,
Jaipur (Raj.) 302005.
2. Director (Non Gazetted), Medical And Health Services,
Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)
302005.
3. Additional Director (Gazetted), Medical And Health
Services, Sawasthya Bhawan, Tilak Marg, C-Scheme,
Jaipur (Raj.)- 302005.
4. Chief Medical And Health Officer, Churu (Raj.).
----Respondents
For Petitioner(s) : Mr. Narendra Singh Rajpurohit.
Mr. Yashpal Khileree.
Mr. Piyush Chouhan.
Mr. Rameshwar Lal Dave.
Mr. O.P. Sangwa.
Mr. S.K. Verma.
For Respondent(s) : Mr. K.S. Rajpurohit, AAG with
Mr. Shreyansh Mehta, Mr. Rajat Arora
and Mr. Lucky Rajpurohit.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 26/05/2022 This petition along with a bunch of 12 writ petitions, enlisted in the appended Schedule give rise to same issue, which shall be treated to be part and parcel of the order instant, are decided by a common order.
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 (Downloaded on 26/05/2022 at 08:52:09 PM) (2 of 4) [CW-1507/2022] 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 experience and consequential fact about (Downloaded on 26/05/2022 at 08:52:09 PM) (3 of 4) [CW-1507/2022] 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.
(ARUN BHANSALI),J 212-Sumit/-
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Schedule
S.No. Item WRIT PETITION PARTY NAME
No. No(s).
1. 27 SBCWP No.4020/2022 Surendra Singh State & Ors.
2. 178 SBCWP No.1505/2022 Chetan Lal Kharadi State & Ors.
3. 179 SBCWP No.1512/2022 Mansukh Lal Ninama State & Ors.
4. 192 SBCWP No.2989/2022 Mohammed Hussain State & Ors.
5. 194 SBCWP No.5196/2022 Kamla Shanker Meena State & Ors.
6. 213 SBCWP No.1509/2022 Manoj Kumar State & Ors.
7. 214 SBCWP No.2046/2022 Piyush Bhati State & Ors.
8. 215 SBCWP No.2108/2022 Rajesh Kachhawah State & Ors.
9. 219 SBCWP No.4173/2022 Narendra Jajra State & Ors.
10. 220 SBCWP No.4187/2022 Raju Ram State & Ors.
11. 221 SBCWP No.4274/2022 Jakir Hussain State & Ors.
12. 225 SBCWP No.4366/2022 Nasruddin Ansari State & Ors.
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