In Brief
The ESIC (Employees' State Insurance Corporation) appealed against a High Court judgment upholding the promotion of teaching staff under the DACP (Dynamic Assured Career Progression) Scheme after two years of service. The Supreme Court held that statutory recruitment regulations made by the ESIC under the ESI Act prevail over executive office memorandums implementing the DACP Scheme. The ESIC Recruitment Regulations 2015, approved by the Central Government, require five years of qualifying service for promotion to Associate Professor, not the two years required by the DACP Scheme. The Court ruled that statutory regulations cannot be overridden by executive instructions and that a counsel's concession on a legal point does not bind the client. The appeal was allowed and promotions should reflect the ESIC Recruitment Regulations, not the DACP Scheme."
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