1 S.B. CIVIL WRIT PETITION NO.10933/2009 Yogendra Singh Vs. The Director Rural Development & Ors. DATE OF ORDER : 7.12.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.Prithvi Raj Singh,for the petitioner. <><><> Heard learned counsel for the petitioner. The petitioner has challenged his transfer order dated 21.10.2009 before the Rajasthan Civil Services Appellate Tribunal, Jaipur by preferring appeal, which was dismissed along with other four appeals vide order dated 06.11.2009. The petitioner's contention is that petitioner has been subjected to frequent transfer and in his entire service period and he has been transferred several times. However, as per the findings of the Tribunal, petitioner remained in the Panchayat Samiti, Sardarsahar from 05.05.1997 to year 2007 and again came back to Sardarsahar from October 2008 to 19th May 2009. Therefore, the Tribunal was rightly not set aside the impugned order on the ground of alleged frequent 2 transfer. Learned counsel for the petitioner submitted that petitioner was transferred by the State Government without consultation with the Panchayat Samiti of either place and therefore the transfer order made by the State Government is illegal. This aspect has been considered by the Tribunal and it has been held that the transfer can be made by the State Government. In view of the above reasons given by the Tribunal and after going through the provisions, I do not find that the Tribunal committed any error of law calling for interference by this Court under Article 227 of the Constitution of India. Hence, this writ petition stands dismissed. At this stage, learned counsel for the petitioner submitted that one of the appellant's appeal was dismissed by the same order by the Tribunal then, thereafter, the State Government passed the order whereby relief to that appellant has been granted, who is also similar to the petitioner. 3 It is well recognized principle that transfer is prerogative of the employer and exigency of service. If any order of transfer is challenged by any of the employee and legally he could not assailed that order and his challenge to that transfer order resulted into dismissal of his pleas even then the employer's power to transfer the employee remains as it is. Therefore, if in the facts and circumstance, the State Government took a decision to grant relief to a person whose appeal against transfer order has been dismissed by the State Government, it was well within its jurisdiction as employer. The petitioner if wishes to have the relief otherwise, then he may submit his representation to the State Government and the State Government being employer having power to pass appropriate order, may pass appropriate order. (PRAKASH TATIA),J. Bharti/-