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Patna High Court

Dheeraj KumarversusThe Chairman, Bharat Heavy Electrical Limited (B.H.E.L.)

Decided
Disposal
DISPOSED

Holding

The court disposed the writ petition, directing the petitioner to file a fresh representation and ordering the employer to decide the regularization claim within a stipulated time.

Summary

The petitioner, Dheeraj Kumar, an assistant‑cum‑computer operator at BHEL since 2003, filed a writ petition seeking the court’s direction to regularize his services and grant him benefits enjoyed by regular employees. He alleged that despite multiple representations, BHEL had not considered his regularization claim. The petitioner relied on a Supreme Court decision in Civil Appeal No. (S)‑4092‑4093/2024. No respondent counsel appeared before the court. The Patna High Court disposed the writ petition, directing the petitioner to file a fresh representation with supporting documents within four weeks and ordering the employer to decide the claim within twelve weeks by a reasoned speaking order.

Issues considered

  • Whether the petitioner is entitled to regularization of his services and the benefits of a regular employee.
  • Whether the High Court can direct the employer to consider the regularization claim and pass a reasoned order.

Subjects

  • regularization
  • employment
  • writ petition
  • administrative law
  • industrial relations
  • service tenure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.20718 of 2025
                 ======================================================
                 Dheeraj Kumar S/o Late Umesh Prasad, resident of Mohalla-Damaria (Near
                 Kabhrishtan) P.O-Anishabad, P.S-Gardanibagh, District-Patna.

                                                                   ... ... Petitioner/s
                                                  Versus
           1.    The Chairman, Bharat Heavy Electrical Limited (B.H.E.L.) B.H.E.L.
                 Bhawan, Siri Fort, New Delhi-110049.
           2.    The Managing Director, Bharat Heavy Electrical Limited (B.H.E.L.),
                 B.H.E.L. Bhawan, Siri Fort, New Delhi-110049.
           3.    The General Manager (SAS), Bharat Heavy Electrical Limited (B.H.E.L.),
                 BHEL Bhawan, Plot No. 9/1, DJ-Block, Sector-II, Salt Lake City, Kolkata-
                 700091.
           4.    That Asstt. General Manager, Services after Sales (S-A-S), Bharat Heavy
                 Electrical Limited (B.H.E.L.), BHEL Bhawan, Plot No. 9/1, DJ-Block,
                 Sector-II, Salt Lake City, Kolkata-700091.
           5.    The Senior Manager (Admin), Bharat Heavy Electrical Limited (B.H.E.L.),
                 Maurya Lok Complex, Patna-800001.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :    Mr. Jay Karan, Adv.
                 For the Respondent/s   :    Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   27-02-2026                 Heard the parties.

                               2. The petitioner has invoked the jurisdiction of this

                   Court seeking a direction upon the concerned respondents to

                   consider the claim for regularization of his services in Bharat

                   Heavy Electrical Limited (hereinafter referred to as ‘BHEL’)

                   and extend all the benefits as has been allowed to other regular

                   employees.

                               3. Learned Advocate for the petitioner submitted that

                   the petitioner has been rendering his services to the best of his
Patna High Court CWJC No.20718 of 2025(2) dt.27-02-2026
                                           2/3




          ability and entire satisfaction of the administration on the post of

          Assistant – cum - Computer Operator (Accounts and Finance)

          since 2003, but, till date, his claim for regularization of services

          has not been considered irrespective of the representations and

          the request tendered before the authorities. It is further

          contended that the claim of the petitioner ought to be considered

          in terms with the mandate of the Hon’ble Supreme Court in

          Civil Appeal No. (S) - 4092-4093/2024 [Arising out of S.L.P.(C)

          Nos. 6370-6371/2024, the copy of which is marked as Annexure

          P/2.

                      4. Suffice it to observe that there is no counsel

          representing the respondent Bharat Heavy Electrical Limited.

                      5. Considering the limited grievance of the petitioner

          for consideration of his claim for regularization for which the

          petitioner has already filed representation, this Court deems it fit

          and proper to dispose off the present writ petition, with a liberty

          to the petitioner to file a fresh representation alongwith the

          supporting documents, including the decisions upon which

          reliance has been placed, preferably within a period of four

          weeks’ from today.

                      6. In case such a representation is filed, the concerned

          authorities shall look into the claim of the petitioner for his
             Patna High Court CWJC No.20718 of 2025(2) dt.27-02-2026
                                                        3/3




                       regularization and disposed of the same by passing a reasoned

                       and speaking order, keeping in mind his continuous services

                       since 2003, within a further period of twelve weeks’.

                                   7. This disposes the writ petition.



                                                  (Harish Kumar, J)
supratim/-

U


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