IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. Asha, J
Kishore Kumar – Appellant
Versus
Union of India – Respondent
WMP No.17272 of 2026
| Table of Content |
|---|
| 1. summary of facts involving the petitioner's child’s medical condition and his transfer challenge. (Para 1 , 2) |
| 2. court's analysis of humanitarian grounds in service transfers and the final directive to retain the posting. (Para 3 , 4 , 5 , 6) |
ORDER
The writ petition is filed for the below relief:
"calling for the records relating to the Impugned Transfer order (Amendment) dated 03.03.2026 Order No. 855/ 255- PERS - 1- P1DA5 - PER - DG dated 03.03.2026, as per the Transfer order the petitioner herein transferred to 105 RAF (Rapid Action Force), from the Central Training College / Coimbatore and quash the same as illegal, Arbitrary, and violative of principles of natural justice, consequently direct the 2nd respondent to permit the petitioner to continue the same place of posing of the Assistant Commandant, (CRPF), Central Reserve Police Force, Central Training College, Sanjeevani Hill, Kurudampalayam, Thoppampatti Post Coimbatore, for a period of one year".
2. It is the case of the petitioner that he joined the Central Training College, Coimbatore, in the month of January 2022. In the meantime, his daughter aged about four years, has been diagnosed with Autism Spectrum Disorder, and was advised to go for Applied Behavioural Analysis, Occupational Therapy, Speech Therapy for two years under Parental guidance, to lead a normal life.
2.1.While so, the petitioner received the transfer order from the second respondent dated 10.02.2026, transferring him to 182-BN (Battalion) unit to Jammu and Kashmir and he was directed to join his new post on 01.04.2026. On the same, the petitioner sent a representation to the second respondent to modify the said transfer order, pursuant to which, the second respondent modified the order and issued Transfer Order (Amendment) vide order dated 03.03.2026 and the petitioner was transferred to 105 RAF from the Central Training College, Coimbatore.
2.2.Since continuation of treatment is crucial for the developmental progress of the child, shifting the petitioner to the transferred place would make it impossible to continue the treatment. The petitioner would further submit that his child requires regular travel from the residence to therapy centres located in outskirts of Coimbatore, which is presently manageable only due to the petitioner’s posting at Central Training College, Coimbatore. The petitioner would submit that he had no objection to the transfer, but, his only request is that he shall not be transferred from the present place of working to any other area till April, 2027. Therefore, the petitioner is before this Court.
3. Heard the learned Counsel on either side and perused the materials available on records.
4. The petitioner has produced the medical records before this Court to show that his daughter who was born on 21.09.2022 is an autistic child requiring paternal care. He has also produced the documents to show that the child has to be nurtured carefully and regularly for improving her mental development and speech development. The petitioner’s anxiety is that since the child is still at very tender age and requires both the parents to be beside her, if the petitioner is transferred to Rapid Action Force, he would be deployed to sensitive areas according to exigencies which means he would be away from his child for considerable period of time and his absence would be detrimental to the development of the child.
5. When the matter had come up on 27.04.2026, this Court had directed the learned counsel for the respondents to revert as to whether the petitioner now transferred to Rapid Action Force could be continued to be deployed in the Central Training College, Coimbatore. In response to the same, a communication dated 29.04.2026 has been issued by the second respondent, wherein, the petitioner’s request is rejected as the same cannot be granted in the light of the existing policy and there is no provision to guarantee non- disturbance upto April, 2027. Further, earlier the O
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