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/-