Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ESIC Recruitment Regulations 2015 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | ESIC Recruitment Regulations 2015: Respondent 3 to 25 joined the service of the ESIC Model Hospital as Assistant Professors on different dates, between 07 February 2014 and 26 June 2016 – The advertisements issued by the appellant mentioned that the DACP Scheme would be applicable for its recruits – On completing two years in the post of Assistant Professor, Respondents 3 to 25 made representations to the appellant seeking promotion to the grade of Associate Professor, and instituted proceedings claiming the benefit of the DACP Scheme – CAT directed the appellant to consider their case under DACP scheme – Appellant filed writ petition challenging the order of CAT – High Court dismissed the writ petition – On appeal, held: On the dates when the contesting respondents joined the service of the appellant, their promotions were governed by the ESIC Recruitment Regulations 2008 which came into effect on 2 May 2009 and mandated four years of qualifying service for promotion from Assistant Professor to Associate Professor – When the contesting respondents had completed two years of service, they were governed by the ESIC Recruitment Regulations 2015 which came into effect on 5 July 2015 and mandated five years of qualifying service for promotion from Assistant Professor to Associate Professor – Thus, the DACP Scheme facilitating promotion on the completion of two years of service is not applicable to the contesting respondents, when the regulations have a statutory effect that overrides the Office Memorandum dated 29 October 2008 which implemented the DACP Scheme – The ESIC Recruitment Regulations 2015 have precedence over the Office Memorandum dated 29 October 2008 which implemented the DACP Scheme in respect of officers of the Central Health Service under the Union Ministry of Health and Family Welfare – The concession by the counsel of the appellant before the CAT does not stand in the way of the appellant supporting the correct position of law before this Court – There can be no estoppel against a statute or regulations having a statutory effect. Service law: Appointment/recruitment – It is a settled principle of service jurisprudence that in the event of a conflict between a statement in an advertisement and service regulations, the latter shall prevail |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 77 |
Petitioner | The Employees’ State Insurance Corporation |
Respondent | Union Of India & Ors. |
SCR | [2022] 1 S.C.R. 373 |
Judgement Date | 2022-01-20 |
Case Number | 152 |
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