The case was filed before the central administrative tribunal by the assistant professor for his promotion according to regulation provided under dynamic assured career progression. He joined ESIC model hospital, Rajaji Nagar, Bengaluru as Assistant professor and served on his post from 7 Feb 2012 to 26 June 2014. Under DACP regulations it’s provided that, if an assistant professor worked for two consecutive years then he will be promoted to the post of Associate Professor. As in this case, Assistant professor completed his two years he approached CAT while the hospital contended that the Assistant professor is not entitled to promotion under ESIC recruitment regulation.
The CAT decided the case in favour of the assistant professor and held that the ESIC regulations came after he had joined the hospital. Therefore it’s not applicable to him and he is entitled to get promotion as associate professor.
ESIC Hospital filed the writ petition before the high court of Karnataka against the decision of CAT.
The respondent contended before the court that the counsel of the appellant admitted before the CAT that DACP regulations is applicable to teacher cadre, therefore he should be estopped from denying his admission.
The high court of Karnataka observed that the matter of fact admitted by the counsel is binding but the admission on the matter of law by counsel is not binding on court or client and cannot be estopped as there is no estoppel against statute.