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2025 DAILYLAW 186926 (ALL)

UDAL v. U.O.I. THRU. SECY. MINISTRY OF COMMERCE /INDUSTRY, MINI.HEAVY INDUSTRY, MINISTRY MSME AND 2 OTHERS

/89/2024 · 2025-12-08

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 89 of 2024 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. No one is present for Union of India. Sri Manu Dixit, Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite parties no. 2 & 3 and the same is taken on record. Heard learned counsel for the petitioner, Sri Manu Dixit,learned counsel for the opposite parties no. 2 & 3 and perused the record. Instant writ petition has been filed with the following main reliefs :- "I. To issue a writ, order or direction in the nature of Certiorari for quashing of Letter/ Order dated 07/01/2023, issued by the Senior Deputy Managing Director, Bharat Heavy Electricals Limited, Jagdishpur, Amethi to the Petitioner, whereby he has denied the reinstatement of the Petitioner in the said Industry/Department, which is against the BHEL Recruitment Policy, Applicable in the said Industry/Development for compassionate appointment on the suitable post, permanent in nature. II. To issue a writ, order or direction in the nature of Mandamus, commanding the Opposite Parties by issuing direction to the Opposite Parties to consider the case of petitioner for permanent appointment on the suitable post in the Bharat Heavy Electricals Limited Jagdishpur, Amethi on compassionate ground under the BHEL Recruitment Policy." After arguing at some length, learned counsel for the petitioner Versus Counsel for Petitioner(s) : Shrikant Mishra Counsel for Respondent(s) : A.S.G.I., Shailen Varma Udal .....Petitioner(s) U.O.I. Thru. Secy. Ministry Of Commerce /Industry, Mini.Heavy Industry, Ministry Msme And 2 Others .....Respondent(s) submits that the interest of justice would be sub-served if this Hon'ble Court may be pleased to give liberty to the petitioner to move a fresh representation before the opposite party no. 3/General Manager (FSIP) Bharat Heavy Electricals Ltd. Fabrication, Stamping & Insulator Plant, Industrial Area, Jagdishpur, District-Amethi and the opposite party no. 3 may be directed to consider and decide the same within the stipulated period of time, as may be fixed by this court. Learned counsels appearing for the opposite parties have no objection to the contentions aforesaid. Be that as it may, without entering into the merits of the case,the petitioner is given liberty to move a fresh representation, while raising all his claims and grounds before the opposite party no. 3/ General Manager (FSIP) Bharat Heavy Electricals Ltd. Fabrication, Stamping & Insulator Plant, Industrial Area, Jagdishpur, District- Amethi within the period of 15 days form today and if such representation is moved within aforesaid period, the opposite party no. 3 is directed to consider and decide the same within further period of eight weeks, in accordance with law. With the aforesaid observations, the writ petition is hereby disposed of. December 8, 2025 AKS WRIA No. 89 of 2024 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench