IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 2703 of 2010. Decided on: 27th May, 2010. Tribhushan Bala ….. Petitioner. Versus State of H.P. and Ors. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Sanjay Karol, Judge. For the petitioner : Mr. Ranjan Sharma, Advocate. For Respondents 1 to 3 : Mr. R.K. Sharma, Sr. Addl. Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The petitioner is aggrieved since his appointment as DPE in Government Senior Secondary School, Gola, District Chamba made by the PTA has been terminated on account of posting of the 5th respondent. It is submitted that the 5th respondent is a regular DPE. It is also submitted that there are other vacant posts available to accommodate the 5th respondent, whereas the petitioner cannot be accommodated anywhere else since she is PTA appointed DPE. 2. Therefore, there will be a direction to the second respondent to examine the matter and in case there are vacant posts available to accommodate the 5th respondent, the petitioner shall not be disturbed. The necessary orders in this regard shall be passed within a week from the receipt of the copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the 2 second respondent. However, it is clarified that such continuance of the petitioner, if required and in the event of any vacancy available, shall be permitted only in case the petitioner fulfills the required qualification. 3 The writ petition is disposed of, so also the pending applications, if any. Dasti copy. (Justice Kurian Joseph), Chief Justice 27th May, 2010 ( Justice Sanjay Karol ), (rana) Judge.