Rajinder Kumar 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 16th November, 2010, this Court passed the interim order, which reads as follows:

The Petitioner submits that there is a vacancy at Government Senior Secondary School, Barsaini, where the fourth Respondent can be accommodated. There will be a direction to the second Respondent to consider the submissions as above and see whether the fourth Respondent can be accommodated at Barasaini, in which case, the Petitioner being a PTA can be continued for the time being.

The writ petition is disposed of in terms of the interim order 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 application(s), if any.