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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MUNNURI LAXMAN
Ashok Sharma, S/o Sh. Bhanwar Lal – Appellant
Versus
State Of Rajasthan, Through Its Additional Chief Secretary, Medical And Health Services, Secretariat – Respondent
| Table of Content |
|---|
| 1. petition challenging administrative orders. (Para 1 , 2) |
| 2. petitioner's argument on lack of posting order. (Para 3 , 4) |
| 3. respondents' defense on authority over transfers. (Para 5 , 6 , 7) |
| 4. citing previous cases for transfer authority. (Para 8) |
| 5. definition and interpretation of transfer rules. (Para 10 , 11 , 12) |
| 6. clarifications on additional rules concerning transfers. (Para 13 , 14) |
| 7. concerns regarding interpretation powers of bureaucracy. (Para 16 , 17) |
| 8. judicial disapproval of awaiting posting orders. (Para 18 , 19) |
| 9. timing and requirement for posting after changes. (Para 20 , 21 , 22) |
| 10. judgment quashing impugned orders. (Para 23 , 24 , 25) |
ORDER :
MUNNURI LAXMAN, J.
1) The present writ petition has been filed challenging the impugned orders dated 27.11.2025 and 28.11.2025 passed by the second and third respondents, respectively.
2) The facts disclose that prior to the impugned order dated 27.11.2025, the petitioner was working as the Principal Medical Officer at Government Satellite Hospital, Badgaon, Udaipur. By the impugned order, the petitioner was directed to report for duty in the office of the Director (Public Health), Medical & Health Services, He
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.
Awaiting Posting Orders (APO) cannot be used as punitive measures or substitutes for disciplinary action; explicit reasons must be provided for such administrative decisions.
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....
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 transfers are within the authority's discretion, and employees have no vested right to remain posted at a specific location. The court emphasized that administrative transfers are esse....
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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