SH. NAVEEN KUMAR GUPTA vs BHARAT HEAVY ELECTRICALS LTD. NEW DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 6th February, 2026 Pronounced on: 10th March, 2026. Uploaded on: 10th March, 2026. + W.P.(C) 12069/2018 SH. NAVEEN KUMAR GUPTA .....Petitioner Through: Mr. Vivek Singh, Mr. Onkar Nath and Mr. Anuj Mirdha, Advocates. versus BHARAT HEAVY ELECTRICALS LTD. NEW DELHI .....Respondent Through: Mr. A. K. Roy, Advocate. + W.P.(C) 12110/2018 SH. MUKUL AGARWAL .....Petitioner Through: Mr. Vivek Singh, Mr. Onkar Nath and Mr. Anuj Mirdha, Advocates. versus BHARAT HEAVY ELECTRICALS LTD. NEW DELHI .....Respondent Through: Mr. A. K. Roy, Advocate. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J.: 1. The Petitioners were long-serving executives of Bharat Heavy Signature Not Verified Digitally Signed By:NITIN KAIN W.P.(C) 12069/2018 & W.P.(C) 12110/2018 Page 1 of 29 Signing Date:10.03.2026 19:32:11 Electricals Limited1, a Central Public Sector Enterprise. Both left BHEL after being selected to a post in another Government of India undertaking. Their applications were routed through proper channel. Their resignations were accepted and they were relieved. Subsequently, BHEL declined (i) to transfer, or otherwise monetise, the Half Pay Leave2 standing to their credit and (ii) to transfer any pension corpus or contribution to the National Pension System3, or otherwise account for such benefit. The Petitioners contend that the refusal contradicts the applicable Government policy and BHEL’s own personnel rules and framework. BHEL maintains that resignation operates as a severance and, in any event, its rules contain no enabling provision for the reliefs sought. 2. The petitions are being decided by a common judgment, given the substantial overlap in the grounds of challenge, the reliefs sought, and the legal questions