Order (Oral)

27/03/2025

1. The petitioner, serving as Gram Vikas Adhikari, is before this Court assailing an order dated 27.11.2024 (Annex.-3), vide which he has been kept under awaiting posting order (APO).

2. At the very outset, learned counsel for the petitioner would submit that similar controversy has been decided by this very Bench in a detailed order and judgment dated 17.02.2025 in the case of Ganraj Bishnoi Vs State of Rajasthan & Ors. :

S.B.C.W.P. No.15366/2024

3. On a Court query, learned counsel for the respondents does not dispute that the facts and the controversy involved herein are similar to the one, wherein the judgment ibid was rendered.

4. In the judgment ibid, following guidelines were laid down:-

“22. While concluding, in order to avoid needless litigation in future, it is deemed appropriate to frame following guidelines to invoke Rule 25-A of Rajasthan Service Rules, 1951:-

Guidelines on Awaiting Posting Orders (APO)

1. Purpose and Justification of APO :

(i). It must be issued based on administrative necessity or public interest and not as a punitive measure.

(ii). The reason for placing an employee under APO must be explicitly stated in writing.

(iii). APO should not be used as a substitute or ruse for disciplinary action.

2. Conditions for Issuing APO :

2.1. Awaiting Posting Order is “usually” to be passed in the following circumstances under Rule 25-A of Rajasthan Service Rules, 1951:

(i). Returning from leave.

(ii). Reverting to the parent department after deputation.

(iii). Returning from training (domestic or foreign).

(iv). Awaiting posting after relinquishing a previous post.

(v). Non-acceptance of the officer’s transfer to another post.

(vi). Preventing the reversion of a government servant.

2.2. Though the conditions mentioned in Rule 25-A are illustrative, but any other condition proposed to be invoked must align with similar administrative necessity (principle of ejusdem generis).

3. Limitations and Restrictions:

(i). APO cannot be used to circumvent Rule 13 of the Rajasthan Civil Services (Classification, Control & Appeal)

Rules, 1958, which governs suspensions.

(ii). APO should not exceed 30 days unless approved by the Finance Department with valid justification.

(iii). Prolonged APO status without proper cause is misuse of authority.

4. Administrative Accountability:

(i). Reason for an APO order to the concerned employee/official must be conveyed.

(ii). Ensure timely issuance of future posting orders to prevent unnecessary financial burden on the government.

(iii). APO orders that amount to de facto suspension or serve as a means to delay the proposed disciplinary action should be avoided.”

5. Matter being similar, the present petition is also disposed of as per judgment, ibid. Accordingly, impugned order dated

27.11.2024 (Annex.-3) is set aside with liberty to pass fresh order.

6. Pending applications, if any, stand disposed of.

(ARUN MONGA),J

76-AK Chouhan/SP/-