IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1029 (SS) of 2011 Sandeep Kumar S/o Ved Prakash …Petitioner Versus Bharat Heavy Electricals Limited Haridwar and another …Respondents Mr. Pankaj Miglani, learned counsel present for the petitioner Mr. V.K. Kohli, learned Sr. Advocate assisted by Mr. I.P. Kohli, learned counsel present for the respondents. Hon’ble Sudhanshu Dhulia, J. Heard Mr. Pankaj Miglani, learned counsel for the petitioner and Mr. I.P. Kohli, learned Sr. Advocate assisted by Mr. I.P. Kohli, learned counsel for the respondents. The petitioner while serving in the Indian Army had applied, with due permission from the Army authorities, for the post of Artisan in Bharat Heavy Electricals Limited, Haridwar. The petitioner was selected by Bharat Heavy Electricals Limited on 13.09.2010, the letter reads as follows:- “We compliment you on your excellent performance in our selection process and are pleased to offer you appointment as TEMPORARY ARTISAN. During the Temporary period, you will get Rs. 5938.19 on the basisof Rs. 228.39 per day for initial six months which is subject to revision as and when applicable and consolidated wages for last six months. After successful completion of your temporary period, you will be r egularized as ARTISAN GR. IV in the scale of Rs. 11700-23000/-. In addition, allowance will be payable as per Company Rules. The terms and conditions governing thi offer are available on our website www. Careers. Bhelhwr.co. in which must be downloaded along with this Provisional Officer.” All the same though the last date for joining his service was on 8th October 2011, the petitioner could not join in time. 2 Learned counsel for the petitioner submitted that application for the pre-mature/voluntary retirement of the petitioner was pending before the Army authorities, as such, the petitioner could not join and he applied for the extension of time for joining in Bharat Heavy Electricals Limited Haridwar. This time was extended till 1st March 2011. He further submitted that the petitioner could only be discharged 30th July 2011 and thereafter when he reported for duty to Bharat Heavy Electricals Limited Haridwar, the petitioner was refused to give joining. Hence the present writ petition. In reply thereto, learned Senior counsel appearing for Bharat Heavy Electricals Limited Haridwar Sri V.K. Kohli submitted that these vacancies are only advertised after obtaining permission from the Headquarter at Delhi. Since the petitioner failed to give joining within time and even after the extended period, the vacancy was surrendered to the Headquarter and subsequently further permission was taken from the Headquarter to re- advertise the vacancy and the vacancy has been advertised on 29th August 2011 and the last date for submission of the application on line is 24th September 2011. In view of the above fact, this Court is not inclined to interfere in the matter as the petitioner has not joined his service within the stipulated time and the vacancy has now been re-advertised. The petitioner though is at liberty to apply again. With this observation, the writ petition is disposed of finally. No order as to costs. (Sudhanshu Dhulia, J.) Dated: 16.09.2011 VKG