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VINIT KUMAR MATHUR
Mahesh Kumar Panwar, S/o. Shri Dudha Ram Panwar – Appellant
Versus
State Of Rajasthan, Through Its Additional Chief Secretary, Medical And Health Services – Respondent
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 or
Awaiting posting orders must comply with transfer bans and require proper justification and permissions to be valid.
The awaiting posting order cannot be issued without urgency and proper permissions, violating established rules.
Transfer without specific assignment contravenes defined statutory procedures, establishing an Awaiting Posting Order lacking necessary compliance.
Awaiting Posting Orders (APO) cannot be used as punitive measures or substitutes for disciplinary action; explicit reasons must be provided for such administrative decisions.
The main legal point established in the judgment is the importance of following the transfer policy and statutory provisions in making transfer decisions, and the binding nature of policies framed by....
Indefinitely placing a public servant under Awaiting Posting Orders without statutory basis violates service law principles and fairness in governance.
Administrative decisions affecting service positions must adhere strictly to the principles of natural justice, comply with existing judicial orders, and be founded on lawful premises.
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