Sanjay Kumar vs State of H.P. and Others

Kurian Joseph, C.J.—The writ petition is filed with the following prayers:

(i). That a writ in the nature of certiorari may kindly be issued for quashing the order dated 8.7.2009.

(ii). A writ in the nature of mandamus may kindly be issued directing the Respondents allow the Petitioner to work at Govt. Senior Secondary School-Ghartholi, Tehsil Baijnath & Distt. Kangra, H.P. and the Respondents may kindly be directed to pay and release the due and admissible salary to the Petitioner.

Learned Senior Additional Advocate General submits that only a regular teacher has been appointed in the post occupied by the Petitioner and by the very fact that the Petitioner is a PTA teacher, the Petitioner has to give room for a regular teacher since the PTA is only an adhoc arrangement made by the Parent Teacher Association.

Learned Counsel for the Petitioner, however, submits that there are several vacancies available to accommodate the regular teacher and the fourth Respondent need not be appointed in place of the Petitioner and in case the fourth Respondent is accommodated, the Petitioner will have to go out and there is no other place where he can be accommodated since he is only PTA teacher.

It is certainly open to the Petitioner to point out this aspect before the second Respondent, in which case the second Respondent will consider whether the fourth Respondent can be accommodated at any other suitable place so that the Petitioner can continue. Necessary orders in that regard shall be passed within a period of two weeks from the date of receipt of a copy of the representation along with a copy of this judgment.