IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 665 of 2007. Date of decision: 7.8.2009 Banita Devi …. Petitioner. Versus State of H.P. and others. … Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting?1 No. For the petitioner: Mr. Y.P.S.Dhaulta, Advocate. For the respondents 1, 2 & 4: Mr. Ram Murti Bisht, Deputy Advocate General. For the respondents No.3 & 5. Mr. Rajesh Verma, Advocate. Per Deepak Gupta, J. (Oral) The petitioner was appointed as TGT (Arts) by the Parents Teachers Association in Govt. High School Goela now Govt. Sr. Sec. School, Goela. He continued to function there till 23rd May, 2006 when respondent No.5 was transferred from Govt. Middle School, Dakriana to GHS Goela. It is not disputed that respondent No.5 was a regular hand and on his transfer obviously the teacher appointed by PTA had to give way to the regular hand. The main grouse of the petitioner is that the transfer orders of respondent No.5 were later cancelled as is apparent from the order Annexure P-3. However, the stand of the State as is reflected in para 5 as well as para 10-A is that lateron the transfer of respondent No.5 from Goela to Dhakriyana was also cancelled. 1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes. 2 It is thus obvious that respondent No.5 was posted as TGT Arts at Goela and is working there since 2006. We had called for the supplementary affidavit from the Director of Elementary Education, which affidavit has been filed in Court today which shows that there are two posts of TGT (Arts) at Govt. Sr. Sec. School, Goela and against both these posts two regular hands are working. When regular hands are working there can be no employment on PTA basis. Therefore, there is no merit in the petition, which is accordingly dismissed. ( Deepak Gupta ), J. 7th August, 2009 (Surinder Singh), J. ™