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Himachal Pradesh High Court · body

2011 DIGILAW 1470 (HP)

Kanta Sharma v. State of H. P.

2011-03-18

KURIAN JOSEPH, V.K.AHUJA

body2011
JUDGMENT Justice Kurian Joseph, C.J. Petitioner is a regular recruitee and is aggrieved since she is transferred so as to accommodate the private respondent, who is a PTA teacher. PTA is only an ad hoc arrangement and, therefore, the PTA teacher cannot claim continuance. However, in case private respondent can point out a suitable vacancy where the petitioner is willing to work, the second respondent shall accommodate the petitioner in that vacancy and in the resultant vacancy, the private respondent shall be engaged in case she is otherwise eligible to be engaged, till the PTA is replaced by a regular appointee. Needless also to say that in case the post otherwise becomes vacant also, the PTA teacher can be re-engaged, in case she is otherwise eligible. 2. In that view of the matter, the impugned order in this case is quashed. It is made clear that due and admissible salary, if not already paid, shall be paid to the parties. 3. With the above observations, the writ petition stands disposed of, so also the pending miscellaneous application(s), if any.