IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3462 of 2010 Decided on 24.6.2010 Narender Singh ….Petitioners Versus State of H.P. and others …Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the Petitioner: Mr. Javed Khan, Advocate. For Respondents Mr. R.K. Sharma, Sr. Addl. A.G. Justice Kurian Joseph, C.J. (Oral) CMP No. 5239 of 2001 Allowed. CWP No. 3462 of 2010 The writ petition is filed with the followed prayers: “a. That impugned relieving order dated 4th July, 2009 (Annexure P-6) may kindly be declared as null and void, thereby a writ in the nature of mandamus may kindly be issued to take back the service of the petitioner in service on P.T.A basis in the same place and same school i.e Government Senior Secondary School, Khuhan, District Mandi as Lecturer History, with all consequential benefits of salary and seniority alongwith pay for the period of absence and arrears etc. and respondent No. 4 may be ordered to be adjusted in any other school who is a promotee.” 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 a 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 fourth respondent need not be appointed in place of the petitioner and in case the fourth respondent is accommodated, the petitioner will have to go out and there is no other place where he can be accommodated since he 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 fourth 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. 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. 5. The writ petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. June 24, 2010(K/HL) ( Justice Rajiv Sharma), Judge