IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 681 of 2011. Decided on: 22.3.2011. Sunita Kumari …..Petitioner. vs. State of H.P. & others. …..Respondents. Coram The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the petitioner: Mr.Neel Kamal Sharma, Advocate. For the Respondents : Mr.Vinod Thakur, Dy.A.G. & Mr.J.S. Guleria, Asstt.A.G., for respondents No.1 to 3. Mr.Rajiv Rai, counsel for respondent No.4. ------------------------------------------------------------------------------------------ V.K. Ahuja, J. (Oral) The petitioner is aggrieved by the transfer order transferring her from Government Senior Secondary School, Mehal, District Hamirpur to Government Senior Secondary School, Arloo, District Una, H.P. This order of transfer was passed in pursuance of the petition filed by private respondent No.4 Smt.Urmila Kumari, which was allowed by this Court and the matter was allowed to be considered in the representation before the Director (Higher Education). According to the orders now being passed by the Division Bench, a regularly appointed teacher cannot be transferred to adjust a PTA teacher, until and unless the PTA teacher obtains the willingness of the regular teacher for being posted in any other vacancy in the nearby places. Reliance has also been placed upon the decision of this Court passed in CWP No.517 of 2011, titled Promila Sharma versus State of H.P. and others, decided on 24.2.2011. 2. Accordingly, the writ petition is allowed with a direction to respondent No.2 that he shall consider the representation, if any, made by respondent No.4 in this regard and in case he is able to secure the willingness of the petitioner to be adjusted in a nearby school, in that eventuality, the petitioner will be transferred to such school and respondent No.4, who is a PTA appointee, who cannot be appointed in any other school, will continue in the school in which 2 she was initially appointed. Respondent No.2 may also ascertain from the petitioner in this regard if she is willing to be shifted to some other school in the area. The representation, as above, shall be made by respondent No.4 within a period of two weeks from today, which shall be considered and appropriate orders thereon shall be passed by respondent No.2 within another one month. The transfer order of the petitioner from Government Senior Secondary School, Mehal, District Hamirpur, H.P. to Government Senior Secondary School, Arloo, District Una is set aside. 3. With the above directions, the writ petition stands disposed of, so also the pending application(s), if any. Dasti copy. March 22, 2010. (V.K. Ahuja), (tilak) Judge.