VIJAY PAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) C.M.P. No. 5651 of 2010. Allowed. The application is disposed of. C.W.P. No. 3645 of 2010. The petitioner is aggrieved since his appointment as DPE in Gernment Senior Secondary School, Maseran, District Mandi made by the PTA has been terminated on account of posting of the 4th respondent. It is submitted that the 4th respondent is a regular DPE. It is also submitted that there are other vacant posts available to accommodate the 4th respondent, whereas the petitioner cannot be accommodated anywhere else since he is PTA appointed DPE.

(2.) THEREFORE, there will be a direction to the second respondent to examine the matter and in case there are vacant posts available to accommodate the 4th respondent, the petitioner shall not be disturbed. The necessary orders in this regard shall be passed within a week from the receipt of the copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the second respondent. 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. The writ petition is disposed of, so also the pending application(s), if any. Copy dasti, on usual terms.