Himachal Pradesh High Court
WRIT PETITION 8564 of 2010 on 30 December 2010
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 8564 of 2010, a/w 8565, 8566, 8568, 8570 and 8571 of 2010
Decided on: 30.12.2010
Coram :
The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge For the petitioners: Mr. Neeraj K. Sharma, Advocate.
For the respondents-State:
Mr. R.K. Bawa, A.G with Mr. Ankus Dass Sood, Addl. A.G. and Mr. J.K. Verma, Dy. A.G.
Justice Kurian Joseph, C.J. (Oral):
The petitioners are aggrieved since they have been replaced by regularly recruited teachers. According to the petitioners, there are several vacant posts available for accommodation of the regularly recruited teachers. It will be open to the petitioners to point out the availability of such vacancies before the Director, in which case, an attempt may be made by the Director to see whether regularly recruited teachers/teachers on contract basis also, can be accommodated in any of the vacancies. This exercise shall be done after affording an opportunity for hearing to the teacher now serving in the School who is to be shifted and also the petitioner within a period of two months from the date of production of a copy of this judgment alongwith a copy of the Writ Petition, by the respective petitioners. It will be open to the private respondent(s) to take all contentions before the Director. 2. The learned Deputy Advocate General submits that the PTA teachers may claim permanent status. We do not find any basis for such apprehension. They are appointed under a particular policy. So long as the policy is kept intact, they are bound by the orders of appointment/agreements executed in terms of the policy. Therefore, in tune with the progress in regular appointment, PTA appointees will have to be replaced in a phased manner, unless the policy is changed.
3. With these observations, the writ petitions stand disposed of, so also the pending application(s) if any.
Copy dasti.
(Justice Kurian Joseph),
Chief Justice
December 30, 2010 (VT/pankaj)
(Justice V.K. Sharma), Judge