Awaiting posting orders must reflect urgency and proper authorization, especially during a ban, and cannot be issued mechanically or as a substitute for transfer orders.

                                                                                                                                                         Order

24/09/2024

Learned counsel for the petitioner submits that the controversy involved in the present case is squarely covered by a judgment passed by this court in S.B.Civil Writ Petition No.10490/2024 (Dr. Mahesh Kumar Panwar V/s State of Raj. & Ors.) decided on 09.09.2024 in the following terms:-

“It is true that the authority to transfer and pass ‘awaiting posting order’ squarely lies within the domain of the State Government but then the State Government is required to pass the same taking into consideration the guidelines as well as the orders issued imposing ban. Even during the ban period, the transfer orders/awaiting posting orders can be passed keeping in mind the urgency of the situation and after taking the appropriate clearance from the office of Hon’ble Chief Minister. The larger public interest and administrative exigency is hallmark which has to be kept in mind while passing the transfer/awaiting posting order. In the present case, the awaiting posting order has been passed during the currency of the ban imposed by the State Government vide its order dated 04.01.2023.

For brevity, the order dated 04.01.2023 imposing ban is reproduced as under :-

A bare perusal of the ban order shows that a Government Officer can be transferred during ban period provided the same is of very urgent nature and the permission is taken from the office of the Hon’ble Chief Minister. The same principle is applicable while passing the awaiting posting order. In the present case, in view of the facts narrated above, neither it has been mentioned that the awaiting posting order in the case of the petitioner is of urgent nature nor the permission from the office of the Hon’ble Chief Minister has been taken. Therefore, it can safely be presumed that the awaiting posting order has been passed by the Competent Authorities in violation of the order dated 04.01.2023 passed by the State Government imposing complete ban on the transfer/awaiting posting order to be issued by the State Functionaries.

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 awaiting posting orders.— A Government servant who is compulsorily kept under awaiting posting orders under note below Rule 7 (8)(b) (iii) shall be entitled to the pay and allowances at the rate at which he was drawing immediately before relinquishing charge in the old post. He shall not be allowed Conveyance Allowance or permanent Travelling Allowance during the period of awaiting posting order.

Government of Rajasthan's Decision

1. Government servant are kept compulsorily under awaiting posting orders usually in the following circumstances:—

(1) On return from leave.

(2) On reversion to parent department from deputation within India.

(3) On return from abroad after completion of training or foreign assignment.

(4) On return from training within India.

(5) Awaiting posting order after making over charge of the old post under the directions of Appointing Authority.

(6) Non-acceptance of the officer on transfer to another post.

(7) To save a Government servant from reversion.

2.