Rights of Shikshan Sevaks to Re-appointment and Counting Past Service After Retrenchment.
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Case: SUDHAKAR RAMRAO AHIRRAO v. STATE OF MAHARASHTRA AND OTHERS
Court: Bombay High Court
Date: 22-07-2026
Law: Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act.
Highlights of the Judgment:
- Interpretation of Rule 26 of the MEPS Rules, 1981, regarding the eligibility of probationary employees for surplus absorption.
- Distinction between the legal right to 'absorption' versus 're-appointment' for Shikshan Sevaks discharged due to division reduction.
- Application of Government Resolution dated 10.06.2005 concerning the three-year limitation for counting past service.
- Judicial determination on what constitutes 'bona fide efforts' by a teacher to seek re-employment while pursuing legal remedies.
- Mandatory counting of prior service for pay scale benefits under Government Resolution dated 07.01.2005 upon re-appointment.
- The requirement of completing the three-year probation period to attain permanent status for mandatory surplus protection.