ORDER

PER MR. SANJIV KUMAR, MEMBER (A):

The instant O.A. has been preferred by the applicant seeking the following relief(s):

“8.1. Impugned order dated 19.05.2025 (Annexure Al) be set aside and quashed so far the applicant is concerned.

8.2. The Hon'ble Tribunal be pleased to direct the respondent no. 2/3 to issue No Objection Certificate (NOC) to the applicant for submission before the respondent no. 5 on 19.06.2025 in terms of letter dated 03.06.2025 or on any subsequent date, for appointment to the post of Technician Grade III under RRB CEN No. 02/2024, with all consequential benefits including counting of his past service under NF Railway w.e.f. 17.10.2019 for all purposes. Or alternatively to direct the respondent no. 2 to accept the resignation submitted by the applicant on 09.06.2025 with a further direction upon the respondent no. 5 to consequently complete the selection process and appoint the applicant to the post of Technician Grade III under RRB CEN No. 02/2024 on the basis of such resignation, with all consequential benefits including transfer of NPS account.

8.3 Any other relief or reliefs as the Hon’ble Tribunal may deem fit and proper, including the cost of the case.”

The applicant was initially appointed as Trackman IV on 17.10.2019 under Sr. Section Engineer/P-Way/Lala Bazar Section under Lumding Division, Lumding and he applied for the post of Technician Grade III (level 2) against Central Employment Notice (CEN) No. 02/2024 against RRB, Patna (Annexure-A/2). He qualified the Computer Based Test (CBT) and also completed the document verification. Vide letter dated 01.05.2025 (Annexure-A/9) applicant was directed to produce NOC from the employer by 18.05.2025. Applicant was further directed to submit the NOC from his employer to the respondent no. 5 on 19.06.2025 in terms of letter dated 03.06.2025 (Annexure-A/11) failing which, his candidature would be treated as cancelled and no further chance would be given to him. In the meantime, he also submitted applications dated 08.01.2025 and 04.04.2025 for grant of NOC (Annexure-A/4 and A/7) respectively, which have been rejected by the respondents vide impugned order dated 19.05.2025 in a vague and cryptic manner without even citing any reasons (Annexure-A/1). Finding no alternative, he submitted his resignation letter on 09.06.2025 before the respondents (Annexure-A/12).

Smt. U. Dutta, learned counsel for the applicant submitted that the respondents-Railway had arbitrarily and without application of mind, rejected applicant’s prayer for NOC by cryptic order dated 19.05.2025 (Annexure-A/1). The applicant is now in level 1 and the post for which he has been selected is at level 2, which is higher than present status and rank. However, his appointment as Technician Grade-III is held up due to rejection of his prayer for NOC. According to the learned counsel, only because of interim order of this Tribunal dated 18.06.2025, one post of Technician III under CEN No. 02/2024 is reserved by the RRB, Patna, thereby protecting the interest of the applicant. Learned counsel therefore, prays for a direction to the respondents-Railways to accept applicant’s resignation.

Shri A. Chakraborty, learned Addl. CGSC for the official respondent Nos. 1 to 5 submitted that pursuant to Centralized Employment Notice (CEN) No. 02/2024 dated 09.02.2024 issued by the Railway Recruitment Board (RRB), applicant applied for the post of Technician Grade-III (Level-2) and he was declared successful in the selection process vide result dated 18.03.2025 under RRB, Patna. In compliance with administrative procedure, applicant submitted a formal request for a No Objection Certificate (NOC) on 08.01.2025. However, the competent authority after assessing the prevailing staff strength and critical operational requirements in the Lalabazar jurisdiction, regretted the issuance of NOC on 19.05.2025 owing to the acute shortage of Track Maintainers in Lumding Division. As per