IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA C.W.P. No. 6119 of 2010. Decided on: 26.10.2010. Harbir Kaur ….Petitioner Versus State of H.P. & Others. …Respondents Coram The Hon’ble Mr.Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioner. : Mr. Neeraj K.Sharma, Advocate. For the respondents. : Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood and Mr. J.K. Verma, Dy. Advocate General. Justice Kurian Joseph, C.J. (Oral): Petitioner who is PTA teacher is aggrieved since she is not able to continue at the place where she was earlier appointed. It was pointed out to us that the regular teacher appointed to the post has since been transferred and hence we issued an interim direction to re-engage the petitioner. 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 - 2 - to the petitioner also to make representation that she may not be dislodged so long as there is vacancy for the regular teacher where she can be accommodated in which case the Government will pass appropriate orders. Needless to say that so long as there is vacancy, the petitioner will be continued and the eligible benefits will also be disbursed to her. 3. The writ petition is disposed of, so also the pending application(s), if any. Copy dasti. (Justice Kurian Joseph), Chief Justice (Justice Kuldip Singh ), Judge October 26, 2010 (Sks/gr)