With the caveat that pretty much anything could be a virus, trojan, or other malware, it's highly unlikely that "desktop.ini" is a problem.
Desktop.ini is a normally-hidden file that Windows uses to customize the display of certain "special" folders (such as "My Documents").
If you "keep getting" desktop.ini on your desktop, it's likely because you have configured Windows to "show hidden files, folders, and drives." You should undo that configuration.
Assuming that you have Windows 8/8.1, open Windows Explorer (the file manager, not Internet Explorer), select the "View" tab, and clear the box next to "Hidden items"
If you have any doubt about the malware status of any file, just upload it to Virus Total for a check:
https://www.virustotal.com/