IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 4974 of 2010. Decided on: August 18, 2010. Lalit Kumar …..Petitioner. Versus State of H.P. & ors. ……..Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioner: Mr. Javed Khan, Advocate. For the Respondents: Mr. R.K.Sharma, Sr. Addl. AG for respondents No. 1 & 2. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) Petitioner who is a PTA teacher is aggrieved since he is not able to continue in the place where he was earlier appointed. It is pointed out to us that the regular teacher appointed to the post has since been transferred. 2. On the basic question, as to whether a PTA teacher can be replaced by a regular teacher when there are vacancies available for the regular teachers, we have already held in several cases that it will be open to the petitioner concerned to make a representation to the Government. Therefore, this Writ Petition is disposed of making it clear that it will be open to the petitioner also to make a representation that he may not be dislodged so long as there are vacancies for the regular teachers where they can be accommodated, in which case, the Government will pass appropriate orders. Needless to say that so long as there is a vacancy, the 2 petitioner will be continued and the eligible benefits will also be disbursed to him. 3. With these observations, the Writ Petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. August 18, 2010. ( Justice Kuldip Singh) (karan) Judge.