In a landmark ruling, the Rajasthan High Court has barred the state government from placing officers and staff on Awaiting Posting Order (APO) status without prior notice or written justification. The decision came from a single bench of Justice Arun Monga, granting relief to Dr. Dilip Singh Chaudhary, Ganraj Vishnoi, Mangilal Soni, Lakshminarayan Kumhar, and 56 other petitioners.
The court directed the Chief Secretary to issue new administrative guidelines, clarifying that the duration of APO cannot exceed 30 days and cannot be used as a tool for transfers or punitive measures. Going forward, APO orders will only be issued under the specific conditions outlined in the Rajasthan Service Rules.
Impact on Six IAS Officers in Rajasthan
This ruling is expected to pave the way for the reassignment of six IAS officers who have been on APO since January 24, 2025, following the BJP government’s decision to scrap nine of the 17 districts created by the previous Congress government before its ouster in December 2023. The abolished districts were merged back into their original administrative divisions, while eight new districts were retained.
As a result, IAS officers posted in the abolished districts of Shahpura, Sanchore, Neem Ka Thana, Gangapur City, Kekri, and Anoopgarh have remained without posting. The affected officers include Rajendra Singh Shekhawat, Shakti Singh Rathore, Sharad Mehra, Gaurav Saini, Shweta Chauhan, and Avdhesh Meena.
How the Case Unfolded
The case was triggered by the petition of Dr. Dilip Singh Chaudhary, a Block Chief Medical Officer (BCMO) in Bhopalgarh. After serving as a medical officer since 2015, he was promoted to BCMO in a senior role. However, on February 19, 2024, he was abruptly placed on APO without explanation, and his position was given to a junior doctor with only three years of experience.
Dr. Chaudhary challenged the order in court on February 21, 2024, while similar petitions were filed earlier by Dr. Mangilal Soni (July 31, 2023) and Lakshminarayan Kumhar (February 1, 2023). The High Court initially stayed all APO orders and sought the government’s response.
The state government defended its decision, citing Rajasthan Service Rule 25A, claiming that the APO orders were issued for administrative reasons and public interest.
Final Judgment
After a detailed examination of the Rajasthan Service Rules, 1951, and previous judicial precedents, the High Court quashed all APO orders and ruled that no officer or employee can be placed on APO without written justification. This ruling is expected to set a precedent, preventing the misuse of APO as a tool for side lining officers without due process.
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