While Computing A Month, Sundays & Holidays Are Not Excluded: Rajasthan HC Grants Relief To Lab Assistant Job Aspirant

Update: 2024-10-14 04:30 GMT

The Rajasthan High Court noted that, while computing a month, Sundays and holidays are not excluded.

The Court granted relief to a lab assistant job aspirant and directed the State to grant bonus marks for work experience without excluding Sundays and holidays. 

The Court was hearing a Special Appeal preferred to question the order passed in S.B. Civil Writ Petition where a challenge was made to the order rejecting the claim of the Writ Petitioner to provide her bonus marks as per the actual length of her work experience, without excluding the Sundays and holidays.

The bench of Justice Shree Chandrashekhar and Justice Kuldeep Mathur observed, “Under the General Clauses Act, month has been defined under clause 35 to section 3 to mean a month reckoned according to British calendar. This is well settled that, while computing a month Sundays and holidays are not excluded."

AAG Mahaveer Bishnoi appeared for the Appellant and Advocate Narendra Rajpurohit appeared for the Respondents.

The Court noted that under the General Clauses Act, the month has been defined under clause 35 to section 3 to mean a month reckoned according to the British calendar. According to the Court, it is well settled that, while computing a month Sundays and holidays are not excluded.

Accordingly, the Court dismissed the Special Appeal.

Cause Title: State of Rajasthan v. Bharti (Neutral Citation: 2024:RJ-JD:37457-DB)

Click here to read/download Judgment


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