IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 6666 of 2010 Decided on 26th October,2010 Mohan Singh Thakur …. Petitioner Vs. State of H.P. and 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, with Mr. J.K. Verma, Deputy Advocate General. Justice Kurain Joseph, C.J.(Oral) Petitioner who is a PTA teacher is aggrieved since he is not able to continue at the place where he was earlier appointed. It was pointed out to us that the regular teachers appointed to the posts have 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 to the petitioner also to make 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 2 as there are vacancies, the petitioner will be continued and the eligible benefits will also be disbursed to him. The writ petition, as such, is disposed of, so also the pending application(s), if any. Copy ‘Dasti’. (Justice Kurian Joseph), Chief Justice (Justice Kuldip Singh), Judge 26th October, 2010 (BRB)