IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 972 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 22/06/2009 in WP NO : 10962 OF 2009 on the file of the High Court.) Between: D. Suresh S/o. D. Dhanraj (Force No.940370011) Serving No.99, Rapid Action Force of CRPF, R/o. No.99 RAF/CRPF, Hakimpet, J.J.Nagar, Secunderabad-500 078. ..... APPELLANT AND 1 The Government of India, rep. by its Secretary, Ministry of Home Affairs, South Block New Delhi-110 001. 2 The Director General of Police, Central Reserve Police Force, CGO COmplex, Lodi Road, New Delhi, 110003. 3 The Inspector General of Police, Rapid Action Force of CRPF R.K. Puram, New Delhi, 110066. 4 The Commandant, 99 RAF/CRP, Hakimpet Post, J.J.Nagar, Secunderabad 500 078 5 The Officer Commandant, Company of 99 RAF (Rapid action Force of CRPF), Hakimpet, J.J.Nagar, Secunderabad-500 078 .....RESPONDENT(S) Counsel for the Appellant: MR.NARINDER PAL SINGH Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following Judgment: THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.972 of 2009 Oral Judgment: (Per Hon’ble Smt. Justice T. Meena Kumari) The appellant, who is the unsuccessful writ petitioner filed the present appeal being aggrieved by the order of the learned single judge dated 22.6.2009 made in Writ Petition No.10962 of 2009. According to the appellant, he has been working as a General Duty Constable in Central Reserve Police Force. While so, through proceedings dated 6.4.2009, he was transferred from Hyderabad to Agartala. Challenging the transfer order, he filed the aforementioned writ petition before the learned single judge. It was the contention of the appellant before the learned single Judge that as he had suffered Hepatitis-B during the year 2006, he had undergone treatment for a long period to recover therefrom and in that process he had gained weight, which was in excess of the Force Standards. As a result, the authorities, have categorized him as Shape-3 and certain sedentary duties alone are liable to entrusted to such persons like the appellant. Apprehending that he would be entrusted with such sedentary duties at Agartala and as Agartala is a far off place, he would not be receiving adequate medical facilities at the new station, the appellant filed the aforementioned writ petition before the learned single judge. When the said writ petition was taken up for hearing, learned Assistant Solicitor General, after obtaining instructions from the authorities had reported to the learned single Judge that even at Agartala, the appellant would be entrusted with duties which are sedentary in nature and suitable for shape-3 category individuals and that at every station, where the Force works, appropriate medical facilities would always be available. He further stated that Agartala being the State capital of Tripura, there would be adequate medical facilities. The learned single judge while taking into consideration the aforesaid submission of the learned Asst. Solicitor General and while observing that transfer is a pure incidence of service, by the order impugned in this appeal, dismissed the writ petition. Hence, the present appeal. Heard the learned counsel for the appellant and perused the order of the learned single judge. Admittedly, transfer is a pure incidence of service and it does not visit the employee with any adverse consequences. That apart, keeping in view the statement of the learned Assistant Solicitor General made before the learned single Judge that adequate medical facilities would be available at Agartala, the appellant may not have any difficulty in discharging the duties entrusted to him. Under the circumstances, we do not find any illegality or irregularity in the order of the learned single Judge. The writ appeal fails and it is accordingly dismissed. No costs. ___________________ T.MEENA KUMARI,J Date: 30th July, 2009 _________________ SANJAY KUMAR,J pnb