IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.3651 of 2009 . Decided on: May 28, 2010 Susheel Kumar Sharma ….. Petitioner. Versus State of Himachal Pradesh and others …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Sanjay Karol, Judge. For the Petitioner : Mr. Ramakant Sharma, Advocate. For the Respondents: Mr. R.K. Sharma, Sr. Addl. Advocate General for respondents No. 1 to 3. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petitioner is aggrieved since his appointment as DPE in Government Senior Secondary School, Paisa, Tehsil Dehra made by the PTA has been terminated on account of posting of the ffith respondent. It is submitted that the fifth respondent is a regular DPE. It is also submitted that there are other vacant posts available to accommodate the fifth respondent, whereas the petitioner cannot be accommodated anywhere else since he 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 fifth respondent the petitioner shall not be disturbed. 2 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 alongwith a copy of the Writ Petition before the 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 application. Dasti copy on usual terms. (Justice Kurian Joseph), Chief Justice May 28, 2010 (Justice Sanjay Karol), (rks) Judge.