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2011 Supreme(HP) 1588

KURIAN JOSEPH, SANJAY KAROL
Dev Raj Kaushal – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the petitioner:Mr. Neel Kamal Sharma, Advocate.
For the respondents:Mr. R.K. Bawa, A.G. with Mr. Ankush Dass Sood, Addl.A.G. and Mr. J.K. Verma, Dy.A.G. for respondents No. 1 to 3.

JUDGMENT

Justice Kurian Joseph, C.J.

The petitioner, who is a regularly recruited teacher, is aggrieved since he is replaced by a PTA teacher. The PTA teacher can replace a regular recruited teacher, only in case a regular recruited teacher is willing to work in any of open vacancies. Therefore, it is made clear that only in case the petitioner is willing to work in any of open vacancies, as pointed out by the private respondent, the petitioner shall be accommodated in that vacancy and in the resultant vacancy, the private respondent can be reengaged as PTA teacher, in case he is otherwise eligible to be reengaged.

2. With the above observations, the writ petition is disposed of so also the pending application(s), if any.


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