1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.6109/2010 Kailash Chandra Meena vs. State & Ors. Date of order : 30/4/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Amit Kumar Jain for the petitioner. ****** The only premise on which the petitioner has challenged the judgement of the Rajasthan Civil Services Appellate Tribunal dated 22.3.2010 is that he was unjustifiably disturbed from the place of his last posting Devli. On that place, the petitioner was posted on 22.10.2009 and now by the order dated 22.2.2010, he was required to give joining at C.M.H.O., Tonk for fresh posting. It is contended that transfer of petitioner in short span of time was arbitrary exercise of power and the learned Tribunal failed to appreciate this aspect of the matter and therefore the impugned judgement be quashed and set aside. On perusal of the judgement of learned Tribunal, I find that the order dated 26.2.2010 was passed on the basis of representation of Dwarka Prasad Deepak, who was posted vice the petitioner. The said 2 representation was made pursuant to another judgement of the Tribunal dated 9.12.2009 in his appeal where he contended that he was due to retire in few months and therefore he may not be disturbed. The Tribunal disposed of the appeal directing the respondents to sympathetically consider his representation. It was in consideration of that representation that the impugned order was passed. It is not possible to the Government to accommodate each and every of the government employee on the place of their choice and to remedy their grievance due to the hardship caused by them by transfer. The transfer is an incident of service. The government if in consideration of the fact that Dwarka Prasad Deepak was due to retire within few months, has directed that he should not be disturbed, it cannot be said to be arbitrary or otherwise outside the scope of its power. I do not find any infirmity in the judgement of the Tribunal. The writ petition is dismissed. RS/ (MOHAMMAD RAFIQ), J.