Supreme Court of India
Nagar Mahapalika Kanpur v. Smt. Vibha Shukla and Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the opinion that Section 16(GG) of the 1921 Act has no application to the fact of the present case and, C thus, the Tribunal as also the High Court committed a manifest error in passing the impugned judgments.
Judgment, page 11
From the headnote
U.P. Intermediate Education Act, 1921-s. 16(GG) and 16 -U.P. --t- Municipal Corporations Adhiniyam, 1959-s. JOB-Appointment of incumbent c on a temporary post in terms of 1959 Act-Services extended from time to time-Termination thereafter-Claim for regularization in terms of 1921 Act- Applicability of I 92 I Act vis-a-vis I 959 Act-Held: Incumbent was appointed in terms of 1959 Act-Section 16 (GG) Act raises a legal fiction where/or the conditions precedent laid down must be strictly complied with-Thus, having not been appointed in conformity with the provisions of the 1921 Act, section
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Where later benches applied it
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