Himachal Pradesh High Court
WRIT PETITION 6310 on 30 December 2010
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 6310, 6323, 6583 & 6584 of 2010, Decided on: 30.12.2010
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1. CWP No.6310 of 2010Babita Sharma versus State of H.P. and ors. 2. CWP No. 6323 of 2010Vijay Laxmi Versus State of H.P. and ors. 3. CWP No. 6583 of 2010Sanjeev Kumar Versus State of H.P. and ors. 4. CWP No. 6584 of 2010Neelam Churia Versus State of H.P. and ors.
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. Mr.Adarsh K.Vashist counsel for respondent No.4 in CWP No.6323 of 2010. Mr.Ajay Sharma, counsel for respondent No.4 in CWP No.6583 of 2010.
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The petitioners are aggrieved since they have been replaced by regularly recruited teachers.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 available 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 (Justice V.K. Sharma), December 30, 2010 Judge (tilak/lsp)