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2006 Supreme(SC) 434

S.B.SINHA, P.K.BALASUBRAMANYAN
Nagar Mahapalika (Now Municipal Corpn. ) – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

S.B. Sinha, J.—Leave granted.

2. The Appellant herein is a Municipal Corporation. It was constituted under the U.P. Nagar Mahapalika Adhiniyam, 1959 (for short, “the Adhiniyam”).

3. For the purpose of recruitment of employees, the procedures laid down in the Adhiniyam under which it was constituted and the rules framed thereunder were required to be complied with by the Appellant. The appointments of the Respondents indisputably were not made in terms of the statute. They were appointed as apprentices by the Administrator of the Municipality by an order dated 11.12.1985.

4. The Government of Uttar Pradesh created 39 posts for Quinquennial Assessment of tax upto 31st March, 1986 or till the time the same were abolished in the scales of pay enumerated therein which was communicated to the Administration by a letter dated 19.12.1985 subject to the following conditions:

“3. Only ad-hoc appointments are to be made on the aforesaid posts and if there is no work, or if there is no requirement even before the sanctioned period.

4. After 31st March, 1986, all the above posts shall be abolished compulsorily and the appointments should not be extended beyond that period on any condition.”

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