IMPORTANT POINT
Awaiting posting orders must comply with transfer bans and require proper justification and permissions to be valid.

JUDGMENT :

(Vinit Kumar Mathur, J.) :

Heard learned counsel for the parties.

2. With the consent of learned counsel for the parties, the writ petition is being heard and decided finally at this stage.

3. The present writ petition has been filed challenging the awaiting posting order dated 24.06.2024 (Annex.5) and relieving order dated 25.06.2024.

4. Briefly noted the facts of the present case are that the petitioner was appointed on the post of Medical Officer on 11.06.1996 by regular process of selection as per the provisions of the Rajasthan Medical and Health Service Rules, 1963 (for short ‘the Rules of 1963’). Thereafter, vide order dated 12/16.07.2018, he was promoted on the post of Principal Specialist (Orthopedics) as per the Rules of 1963. Pursuant to the said order, the petitioner joined as Principal Medical Officer, Nagaur on 18.08.2021. While the petitioner was working as Principal Medical Officer at Nagaur, he was kept under ‘Awaiting Posting Order’ vide order dated 24.06.2024 (Annex.5) and his Headquarter was changed from Nagaur to Directorate (Public Health), Jaipur. The petitioner was relieved from the post of Principal Medical Officer, District Hospital, Nagaur vide order dated 25.06.2024. Hence, the present writ petition has been filed.

5. Learned counsel for the petitioner vehemently and fervently submits that the awaiting posting order passed by the respondents on 24.06.2024 is in violation of the Ban imposed by the State Government vide order dated 04.01.2023. He submits that no transfer/awaiting posting order could have been passed by the respondents during the period of ban without taking permission from the office of the Hon’ble Chief Minister of Rajasthan. He submits that even the awaiting posting order is in violation of the decisions of the State Government under Rule 25-A of the Rajasthan Service Rules, 1951. Learned counsel for the petitioner vehemently argued that the awaiting posting order passed in the case of the petitioner is only with the purpose to adjust and accommodate one Sunita Singh at Nagaur.

6. To buttress his contention, learned counsel for the petitioner has relied upon the judgments of this Court rendered in case of Hemendra Kumar Trivedi vs. State of Rajasthan & Ors (S.B. Civil Writ Petition No.6261/2017), decided on 13.03.2018 and in case of Satish Gupta vs. State of Rajasthan & Ors (S.B. Civil Writ Petition No.4564/2020), decided on 18.08.2023. He, therefore, prays that the writ petition may be allowed and the awaiting posting order dated 24.06.2024 (Annex.5) and consequential relieving order dated 25.06.2024 (Annex.6) may be quashed and set aside.

7. Per contra, Mr. N.S. Rajpurohit, learned Additional Advocate General for the respondent State assisted by Ms. Anita Rajpurohit submits that it is well within the domain of the State Government to utilize the services of a government employee at a particular place in the larger public interest and, therefore, in the administrative exigency, awaiting posting order passed in the case of the petitioner is perfectly justified. Learned counsel submits that it is for the respondents-State to see that the services of a particular person can be best utilized at a particular place and, therefore, the transfer order/awaiting posting order is passed in the larger public interest.

8. Learned counsel further submits that in the present case, awaiting posting order has been passed in consonance with the decision No.5 of the Government of Rajasthan’s Decision under Rule 25-A of the Rules of 1951.

9. Learned counsel for the State very fairly submitted that the awaiting posting order stands almost on identical footing to the order of transfer and the application of the period of ban is equally applicable for the transfers/awaiting posting order to be passed by the State Government. He also submitted that in the present case, the permission of the Hon’ble Chief Minister’s Office was not obtained before passing the awaiting posting order in the case of the pe