Judgment :- 1. The petitioner is working as an Assistant Sub Inspector of Police (Radio Operator), in Central Reserve Police Force (CRPF). Presently, the petitioner is attached to D/2, Signal Battalion, CRPF, Avadi, Chennai. BY means of the transfer order dated 25.05.2012, the respondents have transferred the petitioner to 4 Signal Battalion in Assam. The petitioner has made a request to the respondents retain him in the very same Station on compassionate ground. By impugned order dated 02.06.2012, the same was rejected by the fourth respondent. Challenging the same, the petitioner is before this Court with this petition. 2. I have heard the learned counsel for the petitioner and the learned Senior Central Government Standing Counsel appearing for the respondents and also perused the records carefully. 3. The only ground raised in this writ petition is that the petitioner has got a male child by name Vijaya Prakash who is now aged 12 years. He is suffering from mental retardation (severe type) with seizure disorder since birth. He needs constant treatment in Chennai. The Director, Institute of Mental Health, Kilpauk, Chennai has issued a medical certificate stating that the petitioner’s son’s Intelligent Quotient is 32 and he requires constant and continued support for his day-to-day activities by his parents. It is only on this ground, the petitioner’s presence is very much required to look after his child and to give constant and continued treatment to his son. Hence, the petitioner wants to retain himself in the Avadi Battalion itself. 4. But, it is submitted by the learned Senior Central Government Standing Counsel that on the very same ground, on the earlier, occasions also when the petitioner was transferred to other battalions, his request for retention in Avadi Battalian was considered and he also retained in Avadi. The learned counsel would further submit that the disease of which the petitioner’s son is suffering is incurable and therefore, throughout the service of the petitioner, he cannot be retained in Avadi, Chennai on the ground that his son is suffering from mental retardation. The learned counsel would further submit that the transfer is ‘incident of service’ and therefore, on the ground that his son is suffering from mental retardation, he cannot avoid transfer. As per the Service conditions, transfer to other Station/other Battalion is inevitable. 5. I have considered the rival submissions. 6. The learned counsel would further submit that the transfer is ‘incident of service’ and therefore, on the ground that his son is suffering from mental retardation, he cannot avoid transfer. As per the Service conditions, transfer to other Station/other Battalion is inevitable. 5. I have considered the rival submissions. 6. As of now, there is no dispute that the son of the petitioner is suffering from mental retardation and he requires constant and continued support from his parents and also constant medical treatment. Out of compassion, I would say that the petitioner is to be posted at the place where, first of all, there is a well equipped hospital to give constant and continued medical treatment to his son. The petitioner can very well shift to such place along with his family and may extend full support to the child and also to give medical treatment to his son. At the same time, going to Assam which is a far away place to work in the Battalion with his child with mental retardation will be very difficult. 7. Going by the climatic conditions and all the other attending circumstances, it may not be feasible for the petitioner to take the child also to Assam. Therefore, instead of transferring the petitioner to Assam Battalion, he would have been transferred to a near by State where the climatic condition is more or less same like that of Tamil Nadu and where there is also a hospital for giving constant and continued treatment to the son of the petitioner. This would have been done only on compassionate ground. Hence, I am inclined to set aside the impugned order of transfer. 8. In the result, the writ petition is allowed in the following terms:- (i) The impugned order of transfer is set aside; (ii) The respondents are at liberty to transfer the petitioner to any battalion in any one of the nearby States like Kerala, Karnataka or Andhra Pradesh, where there is also hospital facility available to treat the petitioner’s son and (iii) Until the said order of transfer is passed, the petitioner shall be permitted to continue in Avadi battalion. No costs. Consequently, connected miscellaneous petitions are closed.