S.B. CIVIL WRIT PETITION NO.10169/2009
Nena Ram Lohiya
vs
State of Rajasthan & Ors.
DATE OF ORDER : 4.11.2009
HON'BLE MR. PRAKASH TATIA,J.
Mr.Pritam Solanki,for the petitioner.
Mr. P.Bohra, for the respondent no.3.
Heard learned counsel for the parites.
The petitioner is challenging the transfer order dated
20th Sept., 2009 on the ground that petitioner has been
transferred just to accommodate the respondent no.3. In
support of said argument, it has been submitted that from
the order dated 29th Sept., 2009 itself it is clear that the
respondent no.3 has been transferred to the post which
petitioner was holding on respondent no.3’s request. It is
submitted that an employee cannot be transferred to
accommodate him only resulting into hardship and
inconvenience to other. Learned counsel for the petitioner
also relied upon the judgment which has been relied upon
before the Rajasthan Civil Services Appellate Tribunal and
which has already been considered by the tribunal.
It is clear from the rules itself that a transfer can be
made by the employer on request submitted by the
employer and, therefore, a provision has been made that in
such situation, the employee seeking transfer shall not be
entitled to certain benefits like TA and DA, therefore,
transferring on request itself is no ground to challenge. The
petitioner in the present case, failed to establish that the
transfer order has been passed to harm the petitioner or
has been passed to cause inconvenience to the petitioner or
has been passed malafidely.
Therefore, I do not find any merit in this writ petition
and the same is hereby dismissed.
(PRAKASH TATIA),J.
cpgoyal/-