VidhiSangh

Supreme Court of India · 20/01/2022

THE EMPLOYEES’ STATE INSURANCE CORPORATION versus UNION OF INDIA & ORS.

[2022] 1 S.C.R. 373 · 2022 INSC 77

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Summary

ESIC teaching staff claimed promotion after two years under the Central Government’s DACP scheme, relying on advertisements and counsel’s concession. The Court held that ESIC’s statutory recruitment regulations prevailed over inconsistent executive memoranda and advertisements. The 2015 regulations required five years’ qualifying service and recorded Central Government approval. A mistaken concession on law could not displace them. The High Court’s order was set aside and revision of seniority in accordance with the regulations directed.

Issues

  1. Whether the DACP memorandum or ESIC’s statutory recruitment regulations governed teaching-cadre promotions.
  2. Whether advertisements or counsel’s concession prevented reliance on the statutory regulations.

Provisions considered

Held

Result

ESIC appeal allowed; High Court order set aside; seniority revision to reflect promotions under the 2015 recruitment regulations.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 373.