HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.31888 of 2010 Date: December 21, 2010 Between: M. Venkateswarlu … Petitioner And 1. The Director General of Police, O/o the Director General of Police, Central Reserve Police Force, Rep. by Director General of Police, New Delhi and 3 others. … Respondents * * * HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.31888 of 2010 ORDER: Heard Ms.G. Rukmini. 2. The learned counsel for the respondents at my request obtained instructions and submits that since the petitioner has been detected to be HIV positive, necessary accommodation has already been accorded to him by retaining him here at Hyderabad for a period of six months. Through the impugned order, he is now sought to be transferred to far off Jammu & Kashmir State. 3. The case of the writ petitioner is that his wife has pre-deceased him leaving three young children to be taken care of by the writ petitioner. Since the writ petitioner himself is not maintaining good health and he is under constant medical advice and attention, transfer to far of Jammu & Kashmir State would not only jeopardize the treatment process which he is undergoing, but would also expose the three young children to untold hardship and misery. 4. The learned counsel for the respondents would submit that if the writ petitioner approaches the 3rd and 4th respondents, a way out can be devised to secure some relief to the petitioner. 5. Taking this aspect into account and consideration, I direct the writ petitioner to approach the 3rd and 4th respondents by way of written representation narrating problems that come in his way for getting transferred to far off Jammu & Kashmir State. Since the writ petitioner serves the Central Reserve Police Force, which is an Armed Force of the Union, the call of the duty is undoubtedly far more paramount than that of the interests of the individual. But at the same time like any other model employer, the Force will have to consider accommodating infirm and disease ridden employees suitably. In a case of this nature, compassion is not only to be spared to the cause of the writ petitioner, but compassion has also got to be extended to the young children of the writ petitioner. The Force will also be alive to the fact that HIV positive victims are looked down upon in the society and consequently very few people will be coming forward willingly to take care of the children of such patients. 6. In view of these peculiar facts and circumstances, respondents 3 and 4 will deal with the representation of the writ petitioner with necessary compassion and sympathy and take appropriate action either to retain him here at Hyderabad or at any other nearby station within the limits of Andhra Pradesh or any of the adjoining States so that the continuity of treatment being received by the writ petitioner will not be hampered and he will also be able to take care of his young children. The appropriate decision in this regard may be taken within a period of 15 days and till such decision is taken the writ petitioner may not be relieved and forced to go and report to duty at Jammu & Kashmir. 7. The writ petition is therefore disposed of at the admission stage with the above observations inasmuch as this Court cannot decide as to how the services of the members of the Force should be effectively utilized by the Force and such questions are better addressed by those who command the Force itself. ________________________________ NOOTY RAMAMOHANA RAO, J Date: December 21, 2010. BSB