A vacation bench of justices B P Colabawalla and A M Badar, while refusing to stay the transfer order, noted that the Navy is permitting the officer's family to stay in the official residence for a year more after which they will have to vacate the premises.
Captain Vikram Singh approached the high court after he was transferred from Mumbai to Vishakapatnam.
Challenging the transfer order, Singh, in his petition, claimed his son, who is studying in Class XII, is suffering from autism and needs special medical care.
"The family will have to next year shift to Vishakapatnam where it would be given official residential accommodation," Helekar said while making oral submissions.
The court then directed the Navy to file an affidavit by June 8 mentioning the assurance given to the family.
"There is no need for interim relief by way of staying the transfer. We feel the authority (Navy) has been reasonable in this matter. They are giving the petitioner's family accommodation from May this year till July next year. We should appreciate the authority," the bench said.
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