A bench of justices Pradeep Nandrajog and Pratibha Rani directed that both the petitioners, who are presently posted at CRPF's group centre at Gurgaon, be retained there for at least a year and in future, they would be posted at a place where they would be entitled for family accommodation.
"...We hold that both petitioners would be entitled to the benefit of the respective transfer/posting order issued to them being cancelled with a direction that for a period of at least one year from today both would be retained at the Group Centre Gurgaon and that in future the two would be posted at a place where they would be entitled to family accommodation so that they can stay with their wife and their differently abled children because the differently abled children of both petitioners require the company of father and the need of father to look after the unfortunate child," the bench said.
Mukesh had told the court that his nearly four-year-old daughter is suffering from some serious medical ailment and she is under constant medication and treatment.
He said that he was initially transferred to Chattisgarh but it was cancelled and later an order transferring him to Jammu, where he cannot take his family with him, was issued.
Seeking cancellation of the transfer order, he said his wife cannot look after the child throughout the day and he has to take her to hospital for treatment on a regular basis.
He challenged his posting to Srinagar saying he cannot take his family there.
He told the court that since doctors at AIIMS had given a date for brain surgery in July 2016, the transfer order was kept into abeyance but now the period for which the order was suspended was over and the doctors have advised that surgery could be performed in January next year.
The Centre had told the high court that it would not be possible to accommodate large number of CRPF personnel in and around Delhi.
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