Himachal Pradesh High Court
WRIT PETITION 8569 of 2010 on 30 December 2010
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kumar ……. Petitioner Versus State of H.P. and ors. …….Respondents.
Coram :
The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge For the petitioner: 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The petitioner is aggrieved since he has been replaced by regularly recruited teacher. According to the petitioner, there are several vacant posts available for accommodation of the regularly recruited teacher. It will be open to the petitioner to point out the availability of such vacancies before the Secretary/Competent Authority, in which case, an attempt may be made by the Secretary to see whether regularly recruited teacher/teacher 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 along with a copy of the Writ Petition, by the petitioner. It will be open to the private respondent to take all available contentions before the Secretary/competent Authority.
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 petition stands 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