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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR, J.
Dr. Farooq Maniyar S/o Sh. Nijamuddin Maniyar – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Civil Writ Petition No. 15031/2024
Decided on : 17-10-2024
(A) Rajasthan Services Rules, 1951 - Rule 25A - Awaiting posting orders - The awaiting posting order was passed in violation of the ban imposed by the State Government, lacking urgency and necessary permissions. The court emphasized adherence to the ban and proper justification for such orders. (Paras 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13)
(B) Judicial Review - The court reiterated that awaiting posting orders should not be used as a substitute for transfer orders and must comply with established rules and regulations. (Paras 4, 5, 6, 7, 8, 9, 10, 11)
ORDER :
1. Learned counsel for the petitioner submits that the controversy involved in the present case is squarely covered by the judgment rendered by this Court on 09.09.2024 in the case of Dr. Mahesh Kumar Panwar Vs. State of Rajasthan and Ors. in S.B. Civil Writ Petition No.10490/2024. The operative part of the said judgment reads as under:-
For brevity, the order dated 04.01.2023 imposing ban is reproduced as under :-
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| jktLFkku ljdkj iz'kklfud lq/kkj ,oa leUo; ¼xzqi&1½ foHkkx | |
| Øekad i]5 ¼1½izlq@vuq]&1@2018 | t;iqj] fnukad % 04-01-2023 | |
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| ^^vkKk^^ | |
| jktdh; vf/kdkfj;ksa@deZpkfj;ksa ds LFkkukUrj.k ij jksd laca/kh iwoZ esa tkjh leLr vkns'kksa ds vf/kØe.k esa jkT; ljdkj ds lHkh vf/kdkfj;ksa@deZpkfj;ksa ds LFkkukUrj.k ij fnukad 15-01-2023 ls iw.kZ izfrca/k yxk;k tkrk gSA vfr vko';d izÑfr ds LFkkukUrj.k ekuuh; eq[;ea=h egksn; dh vuqefr i'pkr~ gh fd;s tk ldsaxsA foHkkx ds ifji= fnukad 23-03-2022 }kjk LFkkkukUrj.k izfrca/k vof/k esa vf/kdkfj;ksa@deZpkfj;ksa dks vkns'kksa dh izfr{kk ¼,-ih-vks½ vFkok vU; ek/;e ls mUgs bfPNr txg fjDr in ij inLFkkiu vkns'k tkjh ugha djus ds laca/k esa funsZ'k tkjh fd, x;s gSA vr% mDr ifji= vuqlkj ikyuk lqfuf'pr djrs gq, leLRk vfrfjDr eq[; lfpo@izeq[k 'kklu lfpo@'kklu lfpo@foHkkxk/;{kksa dks funsZf'kr fd;k tkrk gS fd ,slk dksbZ izdj.k jkT; ljdkj ds /;ku esa vk;k rks bldk nkf;Ro vki Lo;a dk gksxkA mDr izfrca/k ds vkns'k jkT; ds leLr fuxeksa@e.Myksa ,oa Lok;Rr'kklh laLFkkvksa ij Hkh ykxw gksaxsA^^ | ||
The awaiting posting order also does not mention any exigency of service, nor it discloses the fact that the same has been passed after taking permission from the office of the Hon’ble Chief Minister. In the opinion of this Court, the State Government cannot blow hot and cold at the same time by passing the order contrary to the directions issued by imposing the ban vide order dated 04.02.2023.
This Court further takes note of the fact that the awaiting posting order can be issued by the State Government taking into consideration the factors prevailing in the matter contemplating some of the situations enshrined under its decision referred in Rule 25-A of the Rules of 1951. To encompass those situations, it will be fruitful to reproduce Rule 25-A of the Rules of 1951 and the Government of Rajasthan decision under this Rule:-
25A. Pay during
The awaiting posting order cannot be issued without urgency and proper permissions, violating established rules.
Awaiting posting orders must comply with transfer bans and require proper justification and permissions to be valid.
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.
Point of Law : Transfer of a public servant made on administrative grounds or in public interest should not be interfered with unless there are strong and pressing grounds rendering the transfer orde....
A government servant holding a transferable post has no vested right to remain posted at one place and is liable to be transferred from one place to another, and the court should not interfere with a....
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