IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 1126 OF 2003 Rajesh Kumar ………………Petitioner. Versus Director Prashikshian Evam Seva Yojna Nideshalaya, Uttaranchal Haldwani, District Nainital and others. …………………Respondents. Mr. M.C. Kandpal, learned Senior Advocate, assisted by Sri S.S. Chaudhary, learned counsel for the petitioner. Mr. H.M. Raturi, learned Standing Counsel for the respondents. 25th July, 2008 Hon’ble P.C. Verma, J. By means of present writ petition, the petitioner has challenged the order dated 11.8.2003 passed by the Principal, Government Industrial Training Institute, Haldwani, District Nainital. 2. Controversy involved in the present writ petition is that the petitioner was appointed on the post of Sweeper, which is a district cadre post in the year, 1986 in the Government Industrial Training Institute (Mahila) Bhowali, Nainital a branch of Government Industrial Training Institute (Yuvak) Haldwani, District Nainital, but a transfer order was passed by the Incharge Government Industrial Training Institute (Mahila), 2 Bhowali, Nainital on 11.8.2003 transferring the petitioner from Government Industrial Training Institute (Mahila) Bhowali, Nainital to the Government Industrial Training Institute Jayanti, Almora. Against the said order, the petitioner moved a representation on 13.8.2003 to the Director Prashikshan Evam Seva Yojna Nideshak, Haldwani, Uttaranchal stating his grievance, but the Authorities released the petitioner on 21.8.2003 from the Government Industrial Training Institute (Mahila), Bhowali, Nainital. Thereafter, on 1.9.2003, the petitioner again moved a representation to the Director explaining his difficulties. 3. Respondents have filed a counter affidavit, where in paragraph 3, it has been stated that the Principal of Government Industrial Training Institute (Women), Bhowali and Principal, Government Industrial Training Institute (Yuwak), Haldwani are two separate posts and are having independent working. It has also been submitted in the counter affidavit that as per administrative exigency, the employee of Group – D post can be transferred from one district to another district. 4. Heard counsel for both the parties and perused the record available on the record. 5. In my view, since, the petitioner was appointed on a Class-IV post, which is a district cadre post, therefore, the transfer cannot be made. The transfer order dated 11.8.2003 (Annexure No. 1 to the writ petition) is quashed. Authorities concerned are directed to permit the petitioner to join on the post, he was 3 working earlier, in the Government Industrial Training Institute (Mahila), Bhowali, Nainital with the monthly regular salary. 6. Accordingly, the writ petition is allowed. No order as to costs. (P.C. Verma, J.) 25.7.2008 Rathour