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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
ARUN MONGA
Ganraj Bishnoi S/o Kesararam Bishnoi – Appellant
Versus
State Of Rajasthan – Respondent
Judgment :
ARUN MONGA, J.
1. Vide instant common order, the entire bunch of petitions as detailed in Appendix ‘A’ is being disposed of as common controversy is involved therein.
2. Petitioners herein, serving in different departments, are assailing the respective orders vide which their services have been put in a category, what is called ‘Awaiting Posting Orders’ (APO). The individual facts of the cases are not relevant for adjudication of the controversy herein, as this Court is to judge upon the legality, as well as, the alleged administrative impropriety of the impugned orders (APO) passed by the respondents.
3. Common grievance of the petitioners being, that by virtue of respective impugned transfer orders of APO, as a bolt from blue, work has been withdrawn from them without assigning/conveying any reasons or if/where conveyed, the same are not tenable. Apart therefrom, under the garb of making them APO, they are being put to humiliation at their work place.
4. At this point, it would be apposite to note the stand taken by respondents in their reply filed in the captioned Writ Petition No. 15366/2024 (petitioner is a Nursing Officer), which being comprehensive one can be broadly t
Awaiting Posting Orders (APO) cannot be used as punitive measures or substitutes for disciplinary action; explicit reasons must be provided for such administrative decisions.
Transfer without specific assignment contravenes defined statutory procedures, establishing an Awaiting Posting Order lacking necessary compliance.
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.
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....
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.
Indefinitely placing a public servant under Awaiting Posting Orders without statutory basis violates service law principles and fairness in governance.
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