Rajwant Singh 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 30th September, 2010, this Court passed the interim order, which reads as follows:

In case there are vacancies at (i) Government Senior Secondary School, Googaghat, District Solan, H.P. (ii) Government Senior Secondary School, Sanio Didag, District Sirmaur, H.P. (iii) Government Senior Secondary School, Galana Ghat, Tehsil Pachhad, District Siamaur, HP and (iv) Government Senior Secondary School, Wasni, Tehsil Pachhad, District Sirmaur, H.P., the fifth Respondent may be adjusted in any of the vacancies and in that event, the Petitioner will be permitted to continue as PTA teacher 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 applications, if any.