Patna High Court
Dheeraj KumarversusThe Chairman, Bharat Heavy Electrical Limited (B.H.E.L.)
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
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
Checking your session…