Lalit Mohan and Others vs State of H.P. and Others

Kurian Joseph, C.J.—The Petitioners have been working as teachers on PTA basis. They are aggrieved and have approached this Court when their services have been sought to be orally terminated by the Principal(s)/PTA Committee. Once the Petitioners are appointed on PTA basis, their termination can be made only on the basis of guidelines and in terms of agreements executed by them. True, PTA appointment is an ad-hoc arrangement, till regular hand joins the post. But, the apprehension of the Petitioners is that they are sought to be replaced by the sweet will of the Principal(s) or PTA Committee, by another PTA teacher. In the nature of scheme of appointment of the Petitioners, we are afraid such a situation is not permissible. The Petitioners having been appointed on ad-hoc basis as PTA teachers, they are normally to be replaced only by regularly appointed/contract teachers. Unless on the ground of misconduct, they be not disturbed, until they are replaced by regularly appointed teachers, be it on contract basis or otherwise, so long as there is work available. Needless to say that so long as the Petitioners have been working as PTA teachers, due and admissible remuneration shall be paid to them.

The writ petitions stand disposed of as above, so also the pending applications, if any.