Naresh Kumar vs State of Himachal Pradesh and Others

V.K. Sharma, J.—The Petitioner is working as DPE ( Para Teacher) in the Respondent-department. At the relevant time he was posted as such in Government Senior Secondary School, Jehar, District Sirmour, when vide office order dated 20.5.2010, Annexure P-2, he was transferred to Government Senior Secondary School, Salogra, District Solan, vice private Respondent No. 3, who admittedly is a regular DPE. Soon thereafter vide office order dated 31.5.2010, Annexure P-3, the private Respondent who was under transfer to Jehar was ordered to be adjusted at Government Senior Secondary School, Chail, District Solan. Yet again the initial orders of transfer dated 20.5.2010, Annexure P-2 whereby the private Respondent was transferred to Jehar came to be cancelled vide order dated 25.9.2010, Annexure P-4 and he was allowed to remain at Salogra, directly affecting the Petitioner.

Being aggrieved, the Petitioner has filed the petition on the following prayers:

(i) A writ in the nature of certiorari may very kindly be issued and the impugned order dated 25.9.2010 Annexure P-4 may very kindly be quashed and set aside.

(ii) That a writ in the nature of mandamus may very kindly be issued directing the Respondents to allow the present Petitioner to continue serving at Government Senior Secondary School, Salogarah.

Respondents No. 1 and 2 are yet to file replies despite the fact that sufficient opportunities have already been granted to them in this behalf.

In reply on behalf of private Respondent No. 3, the following stand has been taken by way of preliminary submissions:

That the replying Respondent is a regular D.P.E. Teacher. By virtue of the orders dated 21.5.2010, the replying Respondent was replaced by the Petitioner who is a Para Teacher. As per the law laid down by this Hon''ble Court, a Para Teacher or a Contract Teacher cannot replace a regularly appointed teacher. The transfer order dated 21.5.2010 was challenged by the replying Respondent in this Hon''ble Court and during the pendency of the writ petition No. 4736/2010, Respondent State was pleased to cancel the transfer order dated 21.5.2010 keeping in view the law laid down by this Court. Thereafter, the present writ petition has been filed by the Petitioner whereby, he has sought quashing of order dated 25.9.2010. it is humbly submitted that the order dated 25.9.2010 is as per the law laid down by this Hon''ble Court and the present writ petition is misconceived and the same is liable to be dismissed.

Though, undisputedly private Respondent No. 3, who is a regular DPE is about to complete his normal tenure of three years at Salogra, yet the fact remains that it is by now settled that a regular teacher cannot be replaced by a para teacher. One of the judgments rendered by this Court to this effect is in CWP No. 3437 of 2010, Anuradha Garg v. State of H.P. and Anr..

In view of the above, the petition is disposed of with the observations that subject to the Petitioner making a representation along with copy of this judgment to Respondent No. 2 within a fortnight from today, the said Respondent shall consider the same and take a final decision thereon with next fortnight by exploring the possibility whether the Petitioner can be adjusted at a place convenient to him, after affording an opportunity of being heard to him.

The petition stands disposed of, so also pending CMP(s), if any.