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

Citation: [2022] 1 S.C.R. 373 · Decided: 20-01-2022 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 12 · see the full citation network in Lexace

Judgment (excerpt)

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[2022] 1 S.C.R. 373
373
THE EMPLOYEES’ STATE INSURANCE CORPORATION
v.
UNION OF INDIA & ORS.
(Civil Appeal No. 152 of 2022)
JANUARY 20, 2022
[DR. DHANANJAYA Y CHANDRACHUD AND A. S.
BOPANNA, JJ.]
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
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SUPREME COURT REPORTS
[2022] 1 S.C.R.
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.
Allowing the appeal, the Court
HELD: 1. The ESIC Recruitment Regulations 2008 were
issued by the ESIC in the exercise of its powers under Section
97(1) and Section 17(3) of the ESI Act. These regulations
introduced the cadre of Specialist (Teaching) in the ESIC and
governed all appointments to the teaching faculty posts in ESIC
Medical Colleges. The ESIC Recruitment Regulations 2008
embodied a requirement of four years’ service as Assistant
Professor for promotion as an Associate Professor. The ESIC
Recruitment Regulations 2015 which were made on 5 July 2015
stipulated a requirement of five years’ service as Assistant
Professor for promotion to the post of Associate Professor. The
preamble of the ESIC Recruitment Regulations 2015 notes that
these regulations were to supersede the ESIC Recruitment
Regulations 2008 and were made with the approval of the Central
Government. The ESIC Recruitment Regulations 2008 and 2015
have statutory effect by virtue of Section 97(3) of the ESI Act. It
is settled law that regulations framed by statutory authorities have
the force of enacted law. [Paras 12, 13][387-G-H; 388-A-B, F]
Sukhdev Singh v. Bhagatram Sardar Singh Raghuvansh
(1975) 1 SCC 421 : [1975] 3 SCR 619; Sant Ram
Sharma v. State of Rajasthan AIR 1967 SC 1910 : [1968]
SCR 111; Himalayan Coop. Group Housing Society v.
Balwan Singh (2015) 7 SCC 373 : [2015] 4 SCR 616 –
followed.
Pepsu Road Transport Corporation, Patiala v. Mangal
Singh and Others (2011) 11 SCC 702 : [2011] 6 SCR
564; Union of India v. Majji Jangamayya (1977) 1 SCC
606 : [1977] 2 SCR 28 – referred to.
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2. On the dates when the contesting respondents joined
the service of the appellant- 07 February 2014 till 26 June 2016
- 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 P

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