- (1.) WE have heard Sri Ashok Kumar for the petitioner. Sri Praveen Kumar Jaiswal appears for the respondents.
(2.) THE petitioner is serving as a Junior Commissioned Officer (JCO), 501 ASC Bn. and was posted at Patiala. By this writ petition, he has prayed for directions, to quash the order dated 20.7.2011, by which representation made by him and his wife under the orders of this Court dated 16.5.2011, in Writ Petition No. 28176 of 2011, has been allowed after asking him to submit a fresh choice of posting, to the extent that he was permitted to request for posting for any unit located at Kolkatta or Lucknow on medial grounds, to be considered on merits.
(3.) SRI Praveen Kumar Jaiswal appearing for the respondents states that the petitioner's fresh application for his transfer was considered, and that he has been posted by order dated 20.11.2011 to Kolkatta. He submits that the High Court at Allahabad may not entertain the writ petition, for lack of teritorial jurisdiction. The petitioner is a permanent resident of Village Kahaon, Post Andila, District Deora. His son Master Siddharth aged about 17 years was born with special deformity and handicap, commonly called cerebral pasly, diagnosed as 'KCO Spastic Diplgia with Plevis Obliquity with Limb Contractures'. The petitioner and his wife are taking care of their son. The family is living in District Deoria in U.P. He is undergoing regular treatment in All India Institute of Physical Medicine and Rehabilitation, Mumbai, and Holy Family Hospital, St. Andrews Road, Bandra (West) Mumbai, where the petitioner was posted from 2003 -2006. These hospitals have special facilities for the children suffering with the decease, which is not available in any of the Command Hospital of the Indian Army. The child was advised, and is required to undergo three major operations during his childhood, so that his bones attain required density. A special surgical procedure was performed on him on 21.1.2011 at Holy Family Hospital, St. Andrews Road, Bandra (West) Mumbai, detailed as follows: - Shelf osteotomy (stahelis) of hip and derogation of distal osteotomy on 21 -Jan -2011 under epidural. Osteomyelitis of hip on 21 -Jan -2011 under spinal.;