CW 11844/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.11844/2009 Shashi Rani Bhargava Versus State & Ors. Date of Order ::: 07/10/09 Hon'ble Mr. Justice Ajay Rastogi Mr. CP Sharma, for petitioner Petitioner while working as School Lecturer (science) was transferred initially at her own request vide order dt.04/10/08 (Ann.1) by which since respondent-3 (Rajni Bhardwaj) was aggrieved, she preferred appeal before Rajasthan Civil Service Appellate Tribunal Jaipur and finally matter came up upto this Court at the behest of respondent-3 in CWP-14009/2008, which was disposed of vide order dt.28/01/09 while granting liberty to State Government to consider the matter afresh and to pass order in accordance with law and till decision, this Court observed to maintain status quo. Petitioner in pursuance of order of this Court, submitted representation pointing out her personal grievance and so also sickness with which she & her husband were suffering. The authority taking note of rival representations and so also in the interest of administration, considered it appropriate to CW 11844/09 //2// post petitioner at Shahpura, district Jaipur while respondent-3 at Manak Chowk Jaipur City vide order dt.13/08/09 (Ann.4), which was assailed by petitioner by way of appeal- 702/2009, which was dismissed by Tribunal vide order dt.07/09/09 (Ann.5). Counsel submits that petitioner, herself is not medically fit and is under treatment and her husband also needs her assistance; that apart, very short time has left to attain age of superannuation but all such facts have not been taken note of while passing the order dt.13/08/09 (Ann.4), inasmuch as the Tribunal has also failed to consider her grievance in right earnest. Since there was vice versa transfer in between petitioner & respondent-3 and earlier petitioner was transferred at her own request, and obviously, respondent-3 being directly affected, must have submitted her representation pointing out her inability to join in pursuance of transfer order dt.04/10/08 (Ann.1) and taking note of order of this Court dt.28/01/09, the authority examined grievances of both the employees (petitioner & respondent-3) and finally posted respondent-3 at Manak Chowk (Jaipur) and CW 11844/09 //3// directed petitioner to join at Shahpura, district Jaipur vide order dt.13/08/09 (Ann.4). The authority is the sole judge to examine as regards transfer and posting of its employees obviously in interest of administration and petitioner has not imputed any malice against the authority which has transferred her vide order impugned; nor alleged the transfer having been made in violation of statutory Rules. IF the authority in the interest of administration has passed transfer order impugned (Ann.4), there cannot be said to be any infirmity which may call for interference. Even otherwise, transfer is an incidence of service and an employee cannot claim as a matter of right to remain posted at one station of choice. This Court has gone through the judgment of the Tribunal and does not find manifest error being committed which may call for interference in the order impugned. As regards submission made by Counsel with regard to personal sickness of petitioner and her husband who needs her assistance, it would not be proper for this Court to examine her grievance;, however, considers that CW 11844/09 //4// petitioner may submit representation to the authority for consideration of her difficulties which she is facing in joining her duty at Shahpura in pursuance of order impugned and if it is submitted, it is expected from the authority to sympathetically consider the same in accordance with law. With the observations (supra), writ petition stands disposed of. (Ajay Rastogi), J. K.Khatri/p.4/ 11844CW09-Oct7-DsTrns.doc