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ARUN MONGA
Hem Singh Chouhan – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Arun Monga, J. - Grievance of petitioner inter alia stems out from impugned order dated 31.07.2023 (Annex.18), whereby he has been denied the requisite bonus marks commensurate with the duration of his past work experience. While counting his work experience Sundays and holidays were excluded. It was also held that he has not provided any evidence whether he worked as a Lab Assistant or Lab Technician.
2. Relevant facts first. The petitioner, serving as a Lab Technician on a contractual basis since April 1, 2012, applied for the post of Lab Assistant following an advertisement issued on May 29, 2018. The advertisement specified bonus marks for work experience. The petitioner has got 6 years, 2 months and 5 days of work experience. Despite being listed for document verification and meeting the eligibility criteria, an office order dated September 5, 2019, forwarded incorrect work experience details by the respondent's office by excluding Sundays and Holidays while calculating the total period of work experience. Despite multiple representations highlighting the petitioner's eligibility and correct bonus qua length of work experience, no heed was paid. Finally, by impugned
Weekly offs are statutory entitlements and must be included in work experience calculations for bonus marks.
Weekly offs and holidays must be included in calculating work experience for bonus marks, as excluding them violates fundamental rights.
Weekly offs cannot be excluded from work experience calculations for bonus marks, as it violates statutory obligations and fundamental rights.
Experience certificates can be considered for bonus marks even if the candidate was not registered at the time of service, as long as eligibility criteria are met.
Entitlement to bonus marks under the Rajasthan Medical and Health Subordinate Service Rules, 1965 and the interpretation of the same in light of relevant case law.
Experience certificates are valid for bonus marks even if the candidate was not registered at the time of service, as per the eligibility criteria outlined in the advertisement.
The experience certificate for services rendered outside the state cannot be considered for appointment and awarding bonus marks in a different state.
Point of Law : Court is firmly of the opinion that experience certificate dated issued by respondent department is required to be taken into consideration for grant of bonus marks to the petitioner.
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