NAGAR MAHAPALIKA KANPUR versus SMT. VIBHA SHUKLA AND ORS.

NAGAR MAHAPALIKA KANPUR versus SMT. VIBHA SHUKLA AND ORS.

Section 16(GG) of the UP Intermediate Education Act, 1921 does not apply where appointment was made under the U.P. Municipal Corporations Adhiniyam, 1959 and not in conformity with the 1921 Act. The respondent’s appointment was under the 1959 Act, so claim for regularization under 1921 Act fails.

Parties
Appellant: Nagar Mahapalika, Kanpur; Respondent No. 1: Smt. Vibha Shukla; Respondents: Others
Jurisdiction
India
Judgment Date
18 May 2007
Procedural Posture
Civil Appeal / Appeal From Order of High Court in Writ Petition No. 3030(s/b) of 1991, Allahabad High Court, Lucknow Bench
Outcome
Appeal allowed
Legal Topics
Regularization of Service, Applicability of Statutes, Temporary Appointment, Municipal Appointments
Service Law Municipal Law Education Law Regularization of Service Applicability of Statutes Temporary Appointment Municipal Appointments

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Parties

Nagar Mahapalika, Kanpur

Appellant

Smt. Vibha Shukla

Respondent No. 1

Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Order of High Court in Writ Petition No. 3030(s/b) of 1991, Allahabad High Court, Lucknow Bench

Legal Issues

  1. 1 Whether Section 16(GG) of the UP Intermediate Education Act, 1921 applies to appointments made under the U.P. Municipal Corporations Adhiniyam, 1959
  2. 2 Whether respondent is entitled to regularization under Section 16(GG) of the 1921 Act

Ratio Decidendi

Section 16(GG) of the UP Intermediate Education Act, 1921 does not apply where appointment was made under the U.P. Municipal Corporations Adhiniyam, 1959 and not in conformity with the 1921 Act. The respondent’s appointment was under the 1959 Act, so claim for regularization under 1921 Act fails.

Court Disposition

Appeal allowed

Orders

  • Impugned judgments of Tribunal and High Court set aside
  • No order as to costs