1 WP1463/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2712 OF 2010 Shri Ananta B. Shirke ...Petitioner v/s The State of Maharashtra and ors. ...Respondents Mr A. M. Joshi for Petitioner. Mr S.N. Patil, AGP for Respondent Nos.1 to 5. Mr Balasaheb Deshmukh for Respondent No.6. Mr Abhay Joshi for Respondent No.7. CORAM : D.K. DESHMUKH AND N.D. DESHPANDE JJ. DATE : 6TH SEPTEMBER 2010. 2 WP1463/10 P.C. :- 1] By this petition, the petitioner seeks a direction to the Education Department and the Management  respondent No.6 to appoint him in the post of Junior Clerk. The petitioner was appointed as Junior Clerk with the respondent No.6 in 1993. On 30th September 2009, an order was made for his absorption in some other school because he was rendered surplus in the school of the respondent No. 6. The petitioner accepted that order and joined the other school where he is presently working. According to the petitioner, now he is entitled to come back to the respondent No.6 for two reasons, firstly according to him, after he was declared as surplus one Ms Rakhi Uttam Shinde has been appointed as Junior Clerk and secondly the post of Senior Clerk has now become vacant because of retirement. So far as appointment of Ms Rakhi Uttam Shinde is concerned, it is clear from the approval given by the Education Department that her date of appointment is 1st January 2009 i.e. even before the 3 WP1463/10 order declaring the petitioner as surplus was made. Therefore, the post against which she has been appointed cannot be said to be a post created after declaring the petitioner as surplus. So far as the submission made about the vacancy being created because of retirement is concerned, perusal of rule 26(4) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules framed under the Act shows that a retrenched employee can come back only in two eventualities  1] revival of the post from which the employee was retrenched and 2] creation of new post. Looking at the matter from any point of view, there is no substance in the petition. Petition is rejected. Parties to act on the copy of this order duly authenticated by Associate / Private Secretary of this Court. Certified copy expedited. (JUSTICE D.K. DESHMUKH) (JUSTICE N.D. DESHPANDE)