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Supreme Court of India 2022-01-20

The Employees’ State Insurance Corporation vs Union of India & Ors

Bench: 2 — Dr. Dhananjaya Y Chandrachud, A S Bopanna

In Brief

The Employees' State Insurance Corporation (ESIC) appealed against a High Court decision allowing promotions of Assistant Professors to Associate Professor under the Dynamic Assured Career Progression (DACP) Scheme after two years of service. The ESIC argued that its own Recruitment Regulations 2015, which require five years of service for such promotion, should apply. The Supreme Court held that statutory regulations framed under the ESI Act have the force of law and supersede administrative office memoranda. Advertisements mentioning the DACP Scheme cannot override regulations. The Court allowed the appeal, setting aside the High Court's judgment and directing that promotions be made in accordance with the ESIC Recruitment Regulations 2015 rather than the DACP Scheme.

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