HIGH COURT OF UTTARANCHA L AT NAINITAL. Writ Petition No. 1522(S/S)05: Smt. Raksha Sharma W/o Sri Mohan Lal Sharma, R/o village Danda Lakhond, Post- Gujrada, Sahastradhara Road, Dehradun, Uttaranchal, ---- Petitioner. Vs. 1. Director, training & Employment, Directorate, Haldwani, Nainital, Uttaranchal, 2. Principal, Govt, Industrial Training Institute, Doiwala, Dehradun, 3. Smt. Sunita Chaudhary, Instructor, Govt. Industrial raninig Institute, Doiwala, Dehradun. ----- Respondents. Sri D.S. Patni, learned counsel for the petitioner, Learned Standing Counsel for the State/respondent no. 1 & 2. Sri Rakesh Thapaliyal, learned counsel for respondent no.3. Hon’ble M.M. Ghildiyal, J. Heard Sri D.S. Patni, learned counsel for the petitioner, learned Standing Counsel for the State and Sri Rakesh Thapaliyal, learned counsel for respondent no.3. 2. By means of this writ petition, the petitioner has challenged the order dated 06.08.2005 passed by the Principal Govt. Industrial Training Institute, Doiwala, Dehradun regarding the distribution of work between Smt. Raksha Sharma and Smt. Sunita Chaudhary Instructors. The petitioner has challenged this order on the ground that the order has not been passed by the Competent Authority. 3. The facts, in brief, are that the respondent no.3, namely, Smt. Sunita Chaudhary was appointed as Instructor (Cutting and Tailoring) by Addl. Director (Administration) Training and Employment, Directorate vide order dated 2nd February 1987 and was posted at Haldwani. The petitioner was also appointed by the Directorate vide order dated 20.12.1987 as Instructor 2 (embroidery) and was posted at Industrial Training Institute, Branch Khurja, Bulandshahar.. 4. On 31st July 2003, the Director Training and Employment, Uttaranchal passed an order transferring the petitioner from Dehradun to Bhowali. It appears that the petitioner made some representation before the Director on the ground of illness of her husband and the Directorate Training and Employment has amended the transfer order dated 31st July 2003 vide its order dated 16th January 2004 and posted the petitioner as Instructor (Cutting and Tailoring) in Industrial Training Institute, Doiwala, Dehradun. Again vide order dated 30th June 2005, the Director passed an order transferring Smt. Sunita Chaudhary/ respondent no. 3 from Dehradun to Doiwala, against the post of Instructor (Cutting & Tailoring) and the petitioner was also adjusted at Doiwala against the post of (Instructor Language). In pursuance of this order Smt. Sunita Chaudhary joined at Doiwala on 06.07.2005 on the post of Instructor (Cutting & Tailoring). The petitioner made a representation to the Principle Govt. Industrial Training Institute, Doiwala, Dehradun that she has Diploma in embroidery as well as in Cutting and Tailoring form I.T.I. and since, in the High School or in the Intermediate she was not having English as a subject, she may be directed to impart training of (Cutting and Sewing) and not in the subject of English Language. In pursuance of this representation, the Principle has passed an order on 18.07.2005, after consulting the Directorate. By this order the Principle posted the petitioner as Instructor (Cutting and Sewing) while the respondent no. 3 was directed to work as Instructor of English Language. 5. After the work was distributed by the Principle on 23rd July 2005, the respondent no. 3 made representation to the Director, who on 23rd July 2005 passed an order directing the 3 Principle not to charge the trade of respondent no. 3 as Instructor (Cutting and Sewing). Consequently, the Principle in compliance of the order passed by the Director, on 06.08.2005 suspended the operation of the order dated 18.07.2005 by which the trade of the respondent no.3 was changed. 6. Aggrieved with the order dated 06.08.2005, the petitioner has filed the present writ petition and this Court on 18.10.2005 stayed operation of the order dated 06.08.2005 and 23.08.2005 passed by the Principal as well as by the Directorate of Training and Employment. 7. It is not disputed that the petitioner was initially appointed as Instructor in the trade of (embroidery) and the respondent no.3 was appointed as Instructor of (Cutting and Tailoring). It is also not disputed that there is only one post of instructor in Cutting and Sewing in the Industrial Training Institute, Doiwala. Thus, the Director has rightly, directed the Principle not to change the trade of respondent no.3 as she was appointed as Instructor (Cutting and Tailoring). I find force in the submission of the learned counsel for respondent no.3 as well as learned standing Counsel that the Principle had exceeded its jurisdiction and the Director has rightly issued direction to the Principal not to change the trade of the respondent no.3. 8. Learned counsel for the petitioner has submitted that the husband of the petitioner is a heart patient and he has already suffered with a heart attack and the petitioner is also a diabetic patient. 9. In view of the reasons recorded above, the order dated 06.08.2005 passed by the Principal Govt. Industrial Training Institute, Doiwala, is hereby quashed. In view of the peculiar circumstances and considering the facts that the husband of the petitioner is a heart patient and the petitioner is also suffering 4 with diabetes, the petitioner is directed to make a representation to the Director, within a period of one week from today and the Director, after considering all these facts, shall take decision on the representation of the petitioner within a period of two weeks from the date of receipt of the representation. Till the Directorate takes decision on the representation of the petitioner or till 15th May 2006, whichever is earlier, the parties shall maintain status-quo. 10. With these directions, the writ petition is finally disposed of. No order as to costs. (M.M. Ghildiyal, J.) April 17, 2006: NCM: