The Rajasthan High Court has ordered the government not to send officers and staff on Awaiting Posting Order (APO) without giving notice or written reasons.
The single bench of Justice Arun Monga has given relief on the petition on Dr Dilip Singh Chaudhary, Ganraj Vishnoi, Mangilal Soni, Lakshminarayan Kumhar and 56 petitioners.
The court directed the chief secretary to issue new administrative orders.
After this order of the High Court, the duration of APO cannot exceed 30 days and cannot be used as a transfer or penalty.
The APO order will be issued only under the circumstances given in the Rajasthan Service Rules
How the case unfolded?
According to Advocate Yashpal Khileri, Block Chief Medical Officer (BCMO) of Bhopalgarh Dr. Dilip Singh Chaudhary was working as a medical officer since 2015. After 6 years of service, he was given the responsibility of BCMO in the post of Senior Medical Officer.
The department sent him on APO on 19 February 2024 without ascertaining any reason and handed over the post to a junior doctor with just 3 years of experience.
Dr. Dilip Singh Chaudhary filed petition against the order on 21 February 2024. Besides Dr. Mangilal Soni had also filed a similar petition on July 31, 2023 and Laxminarayan Kumhar on February 1, 2023.
Government's argument in the case
In the preliminary hearing, the High Court gave a stay on all the APO orders and sought a response from the government. The government said that the APO orders were issued under Rajasthan Service Rule 25A in administrative requirement and public interest.
Final judgement of the court
The High Court conducted a detailed examination of the provisions of the Rajasthan Service Rules 1951, citing earlier judicial judgements. The court quashed all the APO orders and made it clear that no APO can be done without giving a written reason.
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