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Judgment
Kurian Joseph, C.J.
CMP No. 11440 of 2010
This is an application by the Director of Higher Education for appropriate orders in view of the apparent mistake that has crept in the judgment. The writ petition pertains to the re-engagement of PTA. Petitioner is a PTA appointee of Government Senior Secondary School, Kot Snore. However, when the writ petition was disposed of on the basis of the submissions made by the learned Senior Addl. Advocate General that there was vacancy at Government Senior Secondary School, Barshani and that of the Petitioner that she was prepared to be re-engaged at the said school. It is seen from the judgment that Petitioner herself had expressed willingness to work in that school. But the plain facts and the law on the point is that a P.T.A. teacher of one school cannot be appointed in another school. This aspect of the matter was not noticed by this Court at that time nor was it brought to the notice of this Court by the parties concerned including the Petitioner. In that view of the matter we suo motu review the judgment dated 7.9.2010 and recall the said judgment.
CWP No. 4108 of 2010
Petitioner is a PTA teacher. According to the Petitioner there was vacancy available at Government Senior Secondary School, Kot Snore and she should be directed to be re-engaged as PTA teacher. The learned Deputy Advocate General on instructions submits that the said vacancy at Kot Snore has since been filled up one Sh. Vinod Kumar. It is further brought to the notice of the Court based on the instructions of the Director of Higher Education dated 23.12.2010 that Petitioner was appointed as a PTA teacher only by the resolution of the PTA Committee on payment of Rs. 2000/- per month consolidated from the PTA fund and there was no grant-in-aid from the Government in that regard. Be that as it may, in case the Petitioner has any time worked as a PTA in Government Senior Secondary School, Kot Snore, the fifth Respondent-PTA herein has to pay the agreed remuneration to the Petitioner. Any amount due to be paid in that regard shall be cleared by the fifth Respondent-PTA within a month.
In case the post at Government Senior Secondary School Kot Snore falls vacant, Petitioner shall be engaged therein as PTA, in case she is otherwise eligible under the PTA policy.
Petition stands disposed of so also the pending application(s) if any.