Neutral Citation No. - 2025:AHC:57220 Court No. - 4 Case :- WRIT - A No. - 4922 of 2025 Petitioner :- Vishnu Kant Dubey Respondent :- Director General Central Reserve Police Force (Crpf) And 2 Others Counsel for Petitioner :- Prashant Mishra Counsel for Respondent :- A.S.G.I. Hon'ble Ajit Kumar,J. 1. Heard Sri Prashant Mishra, learned counsel for the petitioner as well as Sri Sunil Kumar Singh, learned counsel for the respondents. 2. By means of this petition filed under Article 226 of the Constitution, petitioner Vishnu Kant Dubey is aggrieved by the transfer order dated 29.03.2025, whereby, he has been transferred from 116 Battalion CRPF to 10 Battalion of the said Force in Assam. 3. It is argued on behalf of the petitioner that petitioner was earlier posted at Varanasi and having suffered serious ailment for which the treatment was going on earlier at Varanasi and later on he got referred to SGPGI, Lucknow, represented against his transfer to 116 Battalion, Shrinagar, however, instead of giving due consideration to the medical opinion of the report of the Special Screening Board regarding certain deficiencies that the petitioner suffered from on account of illness and that he was held to be unfit for weapon duty, the the respondents again transferred him from Shrinagar to 10th Battalioan, Assam in total de-hors to the guidelines framed for the purposes of transfer by the department, in which special category retention policy has also been formulated. It is argued on behalf of the petitioner that the petitioner's application/ representation against the transfer to 116 Battalion, Shrinagar has not been considered by rendering due application of mind by the officer concerned rather the petitioner's request was evaluated upon some software SANTOS developed by the department for Summer Chain Transfer and it is on account of this that there has been no human intervention in the matter which therefore, rendered the representation/ application of the petitioner absolutely unattended. 4. Upon a pointed query being made to Sri Pramod Kumar Singh, learned counsel for the respondents, he placed instructions obtained from the department and further clarified that in order to ensure transparency and to reduce human intervention, the Summer Chain Transfers are evaluated and are given effect to through a system for Annual Transfer Over Software called 'SANTOS'. A further stand has been taken by the respondents that since the petitioner has not been served with any hard station during his entire service career and has completed normal tenure at home State, he has been allotted a new place of posting. 5. Meeting the arguments advanced by learned counsel for the respondents as well as the instructions that have been placed before the Court, learned counsel for the petitioner has drawn the attention of the Court towards the special category/ retention policy vide clause 7 of the policy, which provides that in genuine cases special request for retention in home State of an employee can be considered and, therefore, it is argued that on medical ground as petitioner suffers from serious ailment, itself was sufficient enough to retain the petitioner at current place at least for sometime. Mr. Mishra has further drawn the attention of the Court towards his representation dated 08.02.2025 in which he had given 10 choices from serial no. 11 to 22 and he was willing to go to any of such places on account of his continued treatment at SGPGI, Lucknow. 6. Considering the over all facts and circumstances of the case and particularly the report of the Special Screening Board which has been annexed as Annexure No. 5 to this petition, I consider that this time the matter of request against transfer should be examined by the respondent no. 2 himself, of course in the light of transfer policy which also contains the retention policy and also the options given by the petitioner and until such representation stands decided by the authority concerned, I also consider it appropriate to permit the petitioner to continue to be posted at the place where he is continuing at this moment. 7. In such above view oft he matter, therefore, this petition stands disposed of with a direction to the petitioner to make a fresh representation annexing therewith all his medical reports including the treatment papers that he is undergoing at SGPGI, Lucknow to the respondent no. 2 through proper channel, which is respondent no. 3 within a period of three weeks from today along with the certified copy of this order and in the event he makes such representation, the respondent no. 3 will immediately forward it for consideration to the respondent no. 2 who will be passing order within next six weeks time. For a period of two months from today or until the decision is taken by respondent no. 2 upon the representation being made by the petitioner, the order dated 29.03.2025 transferring the petitioner from 95th Battalion to 10th Battalion shall not be given effect. Order Date :- 18.4.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad