Rajasthan High Court - Jodhpur
Harshit Bashir vs The State Of Rajasthan ... on 6 March, 2025
[2025:RJ-JD:12629]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4660/2025
Harshit Bashir S/o Pooran Prakash Bashir, Aged About 25 Years,
Resident Of Near Indra Colony, Taxi Stand, Bikaner.
----Petitioner
Versus
1. The State Of Rajasthan, Through Principal Secretary,
Department Of Local Self Government, Government Of
Rajasthan, Secretariat, Jaipur.
2. The Director, Local Bodies, Government Of Rajasthan, Jaipur.
3. The Executive Officer, Nagar Palika Rajaldesar, Churu.
----Respondents
For Petitioner(s) : Mr. Sukesh Bhati.
For Respondent(s) : Mr. Rajesh Panwar, Senior Advocate-
cum- AAG, assisted by Mr. Ravindra Puri.
HON'BLE MR. JUSTICE ARUN MONGA
Order
06/03/2025
1. Petitioner herein is before this Court seeking quashing of an
order dated 22.01.2025 (Annex.3), vide which, his services were
put under Awaiting Posting Orders.
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.
[2025:RJ-JD:12629] (2 of 2) [CW-4660/2025]
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. Since the impugned order is in violation of the aforesaid
guidelines which clearly state that the services of a government
employee cannot be placed under 'Awaiting Posting Orders'
category for more than 30 days without conveying any written
reasons.
4. Accordingly, the petitioner is allowed. The impugned order is
set aside with liberty to pass appropriate fresh orders, in case so
warranted, by complying with the guidelines, ibid.
(ARUN MONGA),J
27-Sumit/-
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