पदस्थापन आदेशों की प्रतीक्षा के दौरान वेतन- राजस्थान सेवा नियमों के नियम 25A के अनुसार साधारणतया निम्न परिस्थितियों में राज्य कर्मचारी को आवश्यक तौर पर पदस्थापन आदेशों की प्रतीक्षा (Awaiting Posting Orders) में रखा जाता है-
• अवकाश से लौटने पर
• भारत के भीतर प्रतिनियुक्ति से अपने पैतृक विभाग में प्रत्यावर्तन पर
•प्रशिक्षण पूर्ण करने के बाद या विदेशी कर्तव्यभार पूरा करने के बाद बाहर से वापस लौटने पर
•भारत के भीतर ही प्रशिक्षण से वापस लौटने पर
•नियुक्तिकर्ता अधिकारी के निर्देश पर पुराने पद का चार्ज देने पर पदस्थापन आदेशों की प्रतीक्षा करना
•दूसरे पद पर स्थानान्तरण होने पर अधिकारी को स्वीकार नहीं करना
• राज्य कर्मचारी को पदावनति से बचाने के लिये
•विभागीय पदोन्नति समिति/राजस्थान लोक सेवा आयोग द्वारा नियुक्ति के मामले में अनुमोदन या नियमित किये जाने तक एक राज्य कर्मचारी के स्थानापन्न रूप से धारित निम्न पद पर पदावनत हो जाने पर
•कर्मचारी द्वारा धारण किये हुऐ पद की समाप्ति के कारण कर्मचारी के निम्न पद पर पदावनत हो जाने पर
नियम 7(8)(b)(iii) के नीचे दी गयी टिप्पणी में यह प्रावधान किया गया है कि यदि कोई कर्मचारी अवकाश से वापिस लौटने पर या अपने पुराने पद का कार्यभार सम्भला कर किसी पद पर नियोजित होने के आदेश की प्रतीक्षा करता है तो वह अनिवार्य प्रतीक्षा की अवधि भी कर्तव्य-अवधि मानी जायेगी। इसी प्रावधान के तहत नियम 25-A के अनुसार किसी राज्य कर्मचारी को पदस्थापन आदेशों की प्रतीक्षा में रखा जाता है तो वह उस वेतन एवं भत्ते का हकदार है जो वह अपने पुराने पद का कार्यभार छोडने से पूर्व प्राप्त कर रहा था। उसे वाहन भत्ता या स्थायी यात्रा भत्ता, पदस्थापन आदेशों की प्रतीक्षा अवधि में नहीं मिलेगा।
Rajasthan Service Rule 25A -- Pay daring awaiting posting orders.— A Government servant who is compulsorily kept under awaiting posting orders under note below Rule 7 (8) (b) (iii) shall bs 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.
Government of Rajasthan's Decision
1. Government servant are kept compulsorily under awaiting posting orders usually in the following circumstances:—
(1) On return from leave.
(2) On reversion to parent department from deputation within India.
(3) On return from abroad after completion of training or foreign assignment.
(4) On return from training within India.
(5) Awaiting posting order after making over charge of the old post under the directions of Appointing Authority.
(6) Non-acceptance of the officer on transfer to another post.
(7) To save a Government servant from reversion.
2. A Government servant who proceeds on leave cannot resume duties on return from leave as a matter of course on the post which he held before proceeding on leave in the absence of formal order of posting. In cases where leave sanctioning authority and appointing authority is one and the same, authority competent to grant leave should invariably indicate in the order sanctioning leave that the officer is reposted to the same post on the expiry of leave. Authority competent to grant leave can also issue orders of reposting to the same post if during the currency of leave the post was kept unfilled. Where leave has been sanctioned by an authority other than the appointing authority and the leave vacancy has been filled up under the orders of the appointing authority, the latter authority can only issue reposting orders of the officer returning from leave. In such cases the appointing authority should as far as possible issue the posting order of the Government servant before expiry of the leave so that the contingency of keeping a Government servant under posting orders on return from leave does not arise.
3. In the case of Government servants placed in the circumstances mentioned at items No. 2, 3, and 4 in para 1 above, the competent authority should invariably issue orders of posting atleast 15 days in advance of the return of Government servant from deputation/training or foreign assignment in order to eliminate keeping of a Government servant under awaiting posting orders. With a view to watch and effectively control the situation in this regard, the authority competent to send an officer on deputation, training or foreign assignment should maintain registers to ensure that proposal for posting of Government servants due to return from deputation within India or from deputation abroad on foreign assignment terms of training are moved well in time for issue of posting orders.
4. Sometimes Government servant are required to make over charge of the post and await posting orders under the direction of the appointing authority. Such situation should, as far as possible be avoided, and if it is absolutely necessary in some cases, the orders of posting should be 'issued within a week. In case of promotion of an officer against vacant post, the posting order should invariably be issued simultaneously.
5. Government servants transferred from one post to another post should not be prevented from assuming charge of the post and the practice of nonacceptance of an officer reporting for duty in consequence of his posting/transfer being an unhealthy one, should be scrupulously avoided.
6. Government servants are some times placed under awaiting posting orders in the following circumstances:— (1) Reversion of a Government servant to a lower post held by him in officiating capacity pending approval or regularisation of his appointment by Departmental Promotion Committee/ Rajasthan Public Service Commission. (2) Reversion to a lower post as a result of abolition of the post held by him.
7. It is against the spirit of rules to treat a Government servant as awaiting posting orders till he can be reappointed to an identical post in the same time scale of pay on occurrence of vacancy or otherwise. In such cases a Government servant shall not be treated as awaiting posting orders, and he shall not be entitled to pay and allowances under Rule 25A of Rajasthan Service Rules. The orders issued by the authority reverting a Government servant should be carried out. A Government servant shall be treated to have been reverted from the date of issue of orders or from the date specified in the order as the case may be and his reversion becomes effective from that date irrespective of whether he proceeds on leave immediately after reversion or not. In such cases even if a Government servant is kept under awaiting posting orders to save him from reversion of any other junior person to him in the cadre; the time so passed in such circumstances shall be regularised by grant of leave as may be due and admissible as in no-circumstances it will be treated as awaiting posting orders.
8. Under the existing delegation the Administrative Department of Government have power to keep a government servant under posting orders for a period not exceeding 30 days, and cases involving the period exceeding 30 days require the concurrence of the Finance Department. Keeping a Government servant under awaiting posting orders for unduly long period (s) without any justification involves infructuous expenditure as the Government servant remains idle during awaiting posting orders. It is, therefore, enjoined upon all concerned authorities to scrupulously follow these instructions with a view to eliminate the cases of awaiting posting orders and thereby avoid wasteful expenditure. Every case of awaiting posting orders in which a Government servant has been kept under awaiting posting orders for unduly long period without adequate reasons and justifications should be enquired into by the administrative department first at their own level and necessary action may be taken against the delinquent Government servant who are responsible for delay in issuing posting orders in infringement of these instructions or any other instruction issued by the Government from time to time in this behalf.
Government of Rajasthan's Instructions.
1. It is noticed that there have been abnormal delays in some cases in the issue of posting orders with respect to government servants. These delays not only result in the making of infructuous payments to the Government sevants concerned who are awaiting posting orders, but also adversely affect the work/programmes for which their services are expected to be utilised. It is, therefore, essential that there should be no, delay at all in the posting of Government servants. This matter has been carefully reviewed, and it has been decided that adverse notice would be taken of cases in which Government servants are kept awaiting posting orders for periods in excess of 30 days. All cases in which Government servants have been kept awaiting posting orders for periods in excess of 30 days should be reported:—
(a) by the Heads of Departments to the Secretaries of the Administrative Departments concerned, in respect of the officers and staff in respect of whom they or their Subordinate Officers are required to issue the requisite posting orders, and
(b) by the administrative Secretaries concerned to the undersigned (Chief Secretary), in respect of officers of the State Services, other than the RAS. While forwarding the above information, the reasons for the abnormal delay in the issue posting orders should be specifically and clearly stated, and such remarks as 'public interest' or 'Administrative difficulties' would not be considered sufficient for the purpose.)
2. The need to avoid keeping Government employees 'awaiting posting orders (APO)' has been emphasized through a number of instructions issued in this regard from time to time. Despite these instructions, however, administrative departments have continued to keep government employees awaiting posting orders for inordinately long periods. In re-iteration of previous instructions on this subject, it is hereby again directed that:
(1) Administrative departments should avoid keeping government employees awaiting posting orders as a routine, or as an option to disciplinary action.
(2) In cases where such action becomes unavoidable, the period should normally not exceed 15 days.
(3) Cases where the period exceeds 15 days should be reported to the Principal Secretary (Finance), Chief Secretary, Minister concerned and the Chief Minister's office every fortnight. The list of such cases should also include reasons for delay in issuing posting orders for these employees.
(4) Adverse notice would be taken of cases in which government employees have been kept awaiting posting orders beyond 30 days. While sending proposals to Finance Department for regularization of such cases (as per existing delegation of powers), the administrative departments must furnish adequate reasons for keeping the officials APO. Remarks such as 'public interest' or 'administrative difficulties' would not be considered as being an adequate reason for the purpose. These instructions should be complied with strictly.