IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 10962 of 2009 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. ..... PETITIONER 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 ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings No.T-IX- 4/09-99-EC-I dated 8.5.2009 issued by the 4th respondent with the direction to relieve the petitioner on transfer in accordance to 2nd respondent proceedings dated 6.4.2009 on transfer to No.37s CRPF Battalion as arbitrary, unjust and illegal and consequently set aside the same Counsel for the Petitioner: MR.NARINDER PAL SINGH Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER : - The writ petitioner is a General Duty Constable working with the Central Reserve Police Force, which is an armed force. Along with several other candidates, who have completed the three year period at one station, the writ petitioner has also been subjected to a transfer, through the proceedings, dated 06.04.2009. The grievance of the writ petitioner is that he has been transferred to a far off place namely, Agartala from Hyderabad. His grievance is that he had suffered from Hepatitis-B during the year 2006 and he had received treatment over a long period to recover there from. In the process, according to the writ petitioner, he had gained weight, which the Force considers as a disadvantage. Taking into account and consideration the fact that the writ petitioner is weighing 78 kgs., which, according to the Force standards, is in excess of approximately 8 to 9 kgs., they have categorized him as Shape-3 and consequently, certain sedentary duties alone are liable to be assigned to such individuals. The writ petitioner has entertained a doubt as to whether he would be assigned such duties at Agartala and as to whether there would be adequate medical facilities available. Learned Assistant Solicitor General obtained instructions in the matter and reported that even at Agartala, the writ petitioner would be assigned the duties, which are sedentary and suitable for Shape-3 category individual and that at every station, where the Force works, appropriate medical facilities would always become available and this apart, Agartala being the state capital of Tripura, there would be adequate medical facilities. Since transfer is a pure incidence of service and do not visit the employee with any adverse consequences, it is for the Force to utilize the available human resources appropriately and since the writ petitioner has already completed three years of stay at Hyderabad, there are no grounds made out for interference with the administrative order, transferring him to some other station. However, the observations made in this Writ Petition shall not come in the way of the respondents favourably considering any representation of the writ petitioner for a possible transfer to any other nearer station to Hyderabad. With this, the Writ Petition stands dismissed at the admission stage. No costs. __________________________________ (NOOTY RAMAMOHANA RAO, J) 22nd June, 2009. lmv/ksld THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.10962 of 2009 22-06-2009 lmv