JUDGMENT
Rakesh Tiwari, J.
1. Heard learned Counsel for the petitioner, learned Standing Counsel for respondent No. 1 and Sri Amit Shalekar for respondent No. 2.
2. This petition has been filed against order of transfer. The petitioner has relied upon the guide lines issued by the State Government for consideration for the stay in the impugned order of transfer.
3. It appears from the record that the petitioner has been transferred in the same office. He was earlier working as Ameen but he is appointed as clerk now and transferred by the order, which has been challenged by the petitioner is before this Court.
4. Looking at the nature of the order and considering the guidelines for transfer, it appears that the petitioner is to be relieved immediately on receipt of the transfer and join his place of posting forthwith. These guidelines are not statutory in nature. Transfer is condition of service. The service of Government servants who enter in service, are transferable. Though the guidelines provides certain exception where the authorities transferring an employee from one place to another may consider the various difficulties in light of guidelines provided in the guidelines dated 24th May, 2007, which have been framed in respect of annual transfer, he cannot oppose transfer on any ground even where an employee is to attain age of superannuation in about two years, the Government being employer has the prerogative to transfer its employee at any place and he has no say in administrative action except in case where malafide is proved to hill and not merely alleged or can be deserved to be enforced for various facts and circumstances enumerated in writ petition and its annexures.
5. Considering the personal difficulties or the principles contained in the guidelines, which may be relied upon by employee for not being transferred, the employee may move before the appropriate authority by means of representation.
6. In case the authorities is convinced that the reasons give by the employee are genuine, he may pass appropriate orders cancelling the earlier transfer order and retransferring the petitioner. Since the policy itself provides that employee would be relieved on receipt of transfer, he should join his transferred place of posting before moving the representation.
7. The only prayer at this stage of the learned Counsel for the petitioner is that the representation may be permitted to be decided by the authorities.
8. The Court is not incline to interfere in the matter at this stage. The petition is accordingly dismissed. As stated in the body of the judgment of the judgment, the petitioner may take recourse to any other remedy available to him in the shape of representation or may otherwise bring to the notice of the authorities concerned, which may be decided by a reasoned order in accordance with law.