IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3650 of 2009 Decided on 7.5.2010. _________________________________________________ Rama Thakur …Petitioner Versus State of HP & Ors. …Respondents -------------------------------------------------------------------------------------- Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the Petitioner: Mr. Ramakant Sharma, Advocate. For Respondents : Mr. R.K. Sharma, Sr. Addl. AG with Mr. No. 1 to 3. J.K. Verma, Dy AG. Justice Kurian Joseph, C.J. (Oral) The Writ petition has been filed with the following prayers:- (i) That the respondents may very kindly be restrained from terminating the services of the petitioner as DPE through PTA in GSSS Muhal, Tehsil Dehra, District Kangra and she may be permitted to continue as such. (ii) That the officer order dated 1.10.2009, Annexure P-5, vide which the petitioner has been ordered to be relieved of from the duties from GSSS Muhal, Tehsil Dehra, District Kangra, H.P., may very kindly be quashed and set aside. (iii) That the office order dated 30.9.2009, Annexure P-7, vide which the respondent No.5 has been ordered to be promoted as DPE and posted in GSSS Muhal, Tehsil Dehra, District Kangra, H.P., may also be quashed and set aside. 2. Learned Senior Additional Advocate General submits that only a regular teacher has been appointed in the post occupied by the petitioner and by the very fact that the petitioner is PTA teacher, the petitioner has to give room for a regular teacher since the PTA is only an adhoc arrangement made by the Parent Teacher Association. 3. Learned counsel for the petitioner, however, submits that there are several vacancies available to accommodate the regular teacher and the fifth respondent need not to be appointed in place of the petitioner and in case the fifth respondent is accommodated, the petitioner will have to go out and there is no other place where she can be accommodated since she is only PTA teacher. 4. It is certainly open to the petitioner to point out this aspect before the second respondent, in which case the second respondent will consider whether the fifth respondent can be accommodated at any other suitable place so that the petitioner can continue. Necessary orders in that regard shall be passed within a period of two weeks from the date of receipt of a copy of the representation alongwith a copy of this judgment. Copy dasti. (Justice Kurian Joseph), Chief Justice May 7, 2010(k/s) (Justice R.B. Misra) Judge