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Himachal Pradesh High Court · body

2011 DIGILAW 1556 (HP)

Amro Devi v. State of H. P.

2011-03-21

KURIAN JOSEPH, SANJAY KAROL

body2011
JUDGMENT Justice Kurian Joseph, C.J. There are four teachers involved in these two writ petitions namely (i) Amro Devi; (ii) Kusum Kumari; (iii) Nisha Sharma and (iv) Monika Sharma. There is no dispute among the parties that only Amro Devi is a regularly recruited teacher. She is petitioner in CWP No. 508 of 2011. She is aggrieved since she is sought to be replaced by a PTA teacher. PTA is only an ad hoc arrangement, therefore, no PTA can claim continuance in any post. But the only question is that a regularly recruited teacher, being a State cadre, can work anywhere in the State, whereas PTA teacher can work in the school, where the teacher is appointed by the PTA Committee. Therefore, this Court has been issuing directions to the Director to see as to whether regularly recruited teachers can be appointed without any inconvenience to them in open vacancies, so that PTA teachers can continue for sometime till they are replaced by the regularly recruited teachers. In view of the intervening developments, it has become necessary to clarify in these cases that the petitioner Amro Devi being a regularly recruited teacher shall not be disturbed, unless her willingness to work in any open vacancy is obtained by any PTA appointed teacher. 2. Even then, there appears to be a little dispute among three PTA teachers. According to Monika Sharma, Kusum Kumari is not a PTA teacher working under the PTA grant-in-aid scheme. That is disputed by the learned counsel appearing for Kusum Kumari. In the above circumstances, we make it clear that inter se dispute among Kusum Kumari, Nisha Sharma and Monika Sharma will be decided in the event of any one of them getting consent of Amro Devi to work in any vacant post. 3. In the above circumstances, these writ petitions are disposed of making it clear that Amro Devi shall be permitted to join duty at the place of her original posting i.e. GSSS, Dharampur, Sarkaghat, Distt. Mandi, H.P. In case due and admissible benefits to any of the teachers have not been disbursed so far, the same shall be disbursed within two months. To the extent of requirement of orders as above, the impugned orders in these writ petitions shall stand quashed. 4. With the above observations, both the writ petitions stand disposed of so also the pending application(s), if any.