Monika vs State of H.P. and Others

Kurian Joseph, C.J.—The Petitioner is aggrieved since she has been replaced by regularly recruited teacher. According to the Petitioner, there are several vacant posts available for accommodation of the regularly recruited teachers. It will be open to the Petitioner 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 with notice 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 copy of this judgment alongwith a copy of the Writ Petition, by the Petitioner. It will be open to the private Respondent to take all available contentions before the Director.

The learned 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 in tact, 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.

With these observations, the Writ Petition is disposed of, so also the pending application(s), if any.