2025:UHC:11043 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PSS 1 1 8 5 / 2 0 2 4 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Jitendra Chaudhary, Advocate, for the petitioner. Mr. Rajesh Sharma, Central Govt. Standing Counsel, for Union of India. Mr. Lalit Sharma, Deputy SG, for the ARIES. (2) Petitioner is serving as Senior Engineering Assistant in Aryabhatta Research Institute of Observational Sciences (ARIES), Nainital. He was transferred from Manora Peak Campus to Devasthal Campus within District Nainital, vide order dated 28.6.2024. In this writ petition, petitioner has challenged the said order. The main ground of challenge is that petitioner has been transferred with oblique motive, as he has filed several Public Interest Litigations against the then Director of ARIES and due to that reason, the then Director became vindictive and to teach him a lesson, he transferred the petitioner to Devasthal Campus. (3) Learned Counsel appearing for the respondents, however, submits that petitioner was transferred to Devasthal Campus in public interest, as he is a skilled employee and his services were needed for operational requirement at Devasthal Campus, where the biggest Telescope in Asia has been installed. (4) This Court is not inclined to go into the question of malice, as alleged by the petitioner. In the appointment order, it is mentioned that petitioner is liable to serve at Manora and/ Devasthal Campus, therefore petitioner’s transfer cannot be termed as contrary to his service conditions. However, having regard to the facts and circumstances of the case, writ petition is disposed of with 2025:UHC:11043 liberty to petitioner to make representation to the new Director. If petitioner makes representation against his transfer within ten days from today, decision thereupon shall be taken within four weeks thereafter. ( Man oj Ku m ar Tiw ar i, J.) 1 1 .1 2 .2 0 2 5 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C9 1957BE53, cn=PRABODH KUMAR Date: 2025.12.15 15:26:37 +05'30'