[2025:RJ-JD:13253]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5580/2025 Kalawati Ninama W/o Late Sh. Amrit Lal Maida, Aged About 40 Years, R/o Hariyapada, Katumbi, Banswara.

----Petitioner Versus

1. State Of Rajasthan, Through Joint Secretary, Medical, Health Department And Family Welfare Department, Swasthya Bhawan, C-Scheme, Ashok Nagar, Jaipur.

2. Director (Non-Gazetted), Directorate Medical Health And Family Welfare Department, Jaipur, Rajasthan.

3. Principal Medical Officer, Mahatma Gandhi Hospital, Banswara, Rajasthan.

----Respondents For Petitioner(s) : Mr. Madhav Vyas.

For Respondent(s) : Mr. Mukesh Dave, AGC Mr. Tanuj Jain.

HON'BLE MR. JUSTICE ARUN MONGA

Order (Oral)

10/03/2025

1. Petitioner herein, inter-alia, seeks quashing of two orders i.e. dated 26.02.2025 (Annex.3), vide which she has been kept under Awaiting Posting Order (‘APO’) and headquartered at Directorate, Medical Health & Welfare Department, Jaipur & dated 27.02.2025 (Annex.4), vide which she has been relieved.

2. At the very threshold, reference may be had to a judgment rendered by me in the case titled as Ganraj Bishnoi Vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.15366/2024 decided on 17.02.2025, wherein following guidelines were framed qua placing the services of a government employee under ‘Awaiting Posting Orders’ category:-

“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.”

3. Learned counsel for the petitioner submits that the petitioner is sanguine that, in case she is allowed to file a representation qua the grievance raised in the present writ petition and the same is taken up on the administrative side, it will receive favorable treatment. Therefore, the competent authority may decide the same within a reasonable time, in light of the aforesaid judgment, in accordance with law.

4. In view of the aforesaid, without commenting on the merits of the case, the petition filed by the petitioners is disposed of with a direction to the competent authority to decide the representation (may file fresh, if not already filed) of the petitioners, in accordance with law, keeping