Punam Thakur vs State of H.P. and Others

Kurian Joseph, C.J.—The Petitioner approached this Court when he was sought to be replaced by a regular/contract teacher. On 11th November, 2010, this Court passed the interim order, which reads as follows:

There will be a direction to the 2nd Respondent to see whether the 5th Respondent can be accommodated in any of the Senior Secondary Schools in Tehsil Bhoranj, without causing much inconvenience to the 5th Respondent.

The writ petition is disposed of making it clear that in case the Petitioner points out any other vacancy also, the second Respondent will make an attempt to see whether private Respondent can be accommodated in that School so that the Petitioner can be continued in the present School. However, we make it clear that this is not to be taken that the Petitioner has a lien to continue in the post and PTA appointment is only an ad hoc arrangement and that PTA appointment is not to be for an indefinite period since in any case, when regular hands are to be accommodated, PTA appointed teachers will have to give way. We make it clear that so long as the Petitioner is continuing as PTA teacher, the due and admissible salary will be paid. In case the regularly appointed teacher is disturbed in terms of the orders in this writ petition, an opportunity of being heard to that teacher shall also be granted.

The writ petition is disposed of, so also the pending applications, if any.