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[2026:RJ-JD:6696]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 2467/2026

Laxman Singh Bhati S/o Shri Ugam Singh Bhati, Aged About 43

Years, R/o Plot No. 114, Hanwant A, B.J.S. Colony, Jodhpur

(Raj.).

----Petitioner

Versus

1. The State Of Rajasthan, Through The Additional Chief

Secretary, Forests And Environment, Government Of

Rajasthan, Jaipur (Raj.).

2. The Divisional Chief Conservator Of Forests, Jodhpur

(Raj.).

3. The Deputy Conservator Of Forests, Jaisalmer (Raj.).

4. The Deputy Conservator Of Forests, Investigation, Office

Of The Principal Chief Conservator Of Forests (Head Of

Forest Force), Rajasthan, Jaipur (Raj.).

5. The Principal Chief Conservator Of Forests (Head Of

Forest Force), Rajasthan Jaipur (Raj.).

----Respondents

For Petitioner(s) : Mr. Yashpal Khileree

Mr. Ravinder Singh Champawat

For Respondent(s) : Mr. Mahaveer Bishnoi, AAG (Caveator)

with Mr. Gaurav Bishnoi

HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

05/02/2026

1. On the request and with the consent of the learned counsel

appearing on behalf of both the parties, the matter is taken up for

final disposal at the admission stage.

2. The present writ petition has been filed challenging the order

dated 28.01.2026 (Annex.1), whereby the petitioner was placed

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under Awaiting Posting Order (APO) by changing the

Headquarters.

3. Learned counsel appearing on behalf of the petitioner

submits that the orders impugned are of a stigmatic nature and an

employee cannot be placed on APO on the ground that some

complaints have been received, which order, in effect, amounts to

a stigmatic order, which could only be done by a proper inquiry.

4. Learned Additional Advocate General appearing on behalf of

the respondent-caveator submits that this order has been passed

on account of multiple complaints received against the petitioner,

and he submits that on account of the complaints only, he was

shifted from the Headquarters by placing him on APO. Such order

does not suffer from any perversity.

5. The Rules with regard to placing the employee on APO and

change of Headquarters are contained under Rule 7(8)(b) and

Rule 25-A of the Rajasthan Service Rules, 1951 (hereinafter

referred to as ‘the Rules of 1951’).

6. The Rule 7(8)(b)(iii) of the Rules of 1951 reads as follows:

“Rule 7-Unless there be something repugnant in

the subject or context the terms defined in this

Chapter are used in the rules in the sense here

explained:—

(1) to (7) xxxxxxxxxxx

(8) Duty:-

(a) xxxxxxxxxxx

(b) Government may issue orders declaring that

in the following circumstance, or in

circumstances similar thereto, a Government

servant may be treated as on duty.

(i) xxxxxxxxxxxx

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(ii) xxxxxxxxxxxxxxx

(iii) In the case of persons who, on their first

appointment to State Service, do not, before they

report themselves at the seat of Government or other

specified station, in accordance with the orders of the

appointing authority, receive orders to take charge of

a specified post, during the interval between the date

of such report and the date on which they take charge

of their duties.

Note:- Period of compulsory waiting by a Government

servant returning from leave or after making over

charge of his old post for orders of Government

posting him to a particular post falls in this clause.”

7. Rule 25-A of the Rules of 1951 reads as follows:

“25. Pay during course of training etc.—

xxxxxxxxxxxx

25A. Pay daring awaiting posting orders.— A

Government servant who is compulsorily kept under

awaiting posting orders under note below Rule7(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.”

8.