Santosh Kumari vs State of H.P. and Others

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

i) That the respondents be directed to reengage the services of the petitioner by transferring Shri Ashok Kumar, T.G.T. (Arts) working in Government Senior Secondary School, Houri Devi to Government Middle School Bohal in the interest of justice and fair play.

(ii) That the impugned order dated 28.1.2010 (Annexure P-2) may kindly be quashed and set aside.

iii) That the post at Government Middle School Bohal may not be filled up other than by posting of Shri Ashok Kumar TGT (Arts) presently posted at Government Senior Secondary School, Houri Devi.

The petitioner submits that a regular teacher working in the 3rd respondent'' school is prepared to go to the Government Middle School, Bohal, where there is a regular vacancy, in which case, the petitioner can continue as PTA in the 3rd respondent''s school.

There will be a direction to the 2nd respondent to look into this matter, on appropriate representation, jointly filed by the petitioner and the teacher concerned and take appropriate action in that regard, within a period of one month from the date of production of copy of the representation. It is made clear that in case the teacher can be accommodated in the school, referred to above and in case of resultant vacancy, until the same is otherwise duly filled up, the petitioner may be continued as PTA. The petitioner will produce a copy of this judgment alongwith a copy of the writ petition while representing before the 2nd respondent.

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