ORDER PER SANJIV KUMAR, MEMBER (A):

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

“8.1 To quash and set aside the impugned speaking order dated 04.02.2026 [Annexure-A/1] communicated to the applicant vide communication dated 05.02.2026 with all consequential benefits.

8.2 To direct the respondents to grant NOC to the applicant for appointment to the post of Grade –VII in Oil India Ltd. against the advertisement dated18.07.2025 with all consequential benefits.

8.3 To direct the respondents to accept the Technical Resignation of the applicant and consequently release the applicant from the post of Junior Engineer/Works under Tinsukia Division, N.F. Railway forthwith without any delay with all consequential benefits.

8.4. Cost of the application.

8.5. Any other relief/reliefs to which the applicant is entitled to under the facts and circumstances of the case and as may be deemed fit and proper by this Hon’ble Tribunal upon consideration of the matter.”

2. The facts of the case are that – while the applicant is serving as Junior Engineer/Works in Level – 6, N.F. Railway, Tinsukia Division, an advertisement dated 18.07.2025 was published by the Oil India Ltd., Duliajan inviting applications from eligible candidates for various posts in different Districts of the State of Assam and Arunachal Pradesh. The applicant, being eligible, submitted an application dated 26.07.2025 (Annexure-A/6) before the DRM (P), Tinsukia Division, N. F. Railway, seeking NOC so as to enable him to apply for the post of Grade- VII in Oil India Limited and the last date of submission of application was 18.08.2025. However, the Railway authorities sat over his matter. Having found no alternative, he submitted his application dated 15.08.2025 for the post pursuant to advertisement dated 18.07.2025 along with the application of NOC which was accepted by the Oil Authorities. He received a call letter to sit for the Computer Based Test in which he came out successful, consequently an e-mail was sent to him by the Oil Authorities asking him to report for document verification on 19.01.2026 along with his "NOC" and relieve order failing which his candidature will be outright cancelled. The Railway Authorities forwarded the case of the applicant only on 12.01.2026 (Annexure-A/9), wherein the APO- II, N. F. Railway, Tinsukia had remarked that relieving the applicant is not possible until and unless sufficient panels are not received from the RRB. Subsequently, the Sr. Divisional Engineer vide order dated 19.01.2026 (Annexure- A/12) allowed him to participate in the document verification with a rider that same shall not be treated as NOC. However, the Oil Authorities failed to take into consideration the peculiar circumstance of the applicant and informed him that his name would not be included in the final select list. Aggrieved by this, applicant approached the Hon'ble Gauhati High Court by filing WP(C) 309/2026, wherein the Hon'ble High Court vide Order dated 22.01.2026 directed the OIL Authorities not to cancel the candidature of the applicant and asked them to keep one post of Grade- VII vacant in Oil India Ltd. with further direction to the Railway Authorities to dispose of applicant’s application of NOC on or before 06.02.2026. In the meantime, he also submitted his letter of Technical Resignation dated 29.01.2026 (Annexure- A/15), which is yet to be accepted by the authorities. The Railway Authorities in compliance of the order passed by the Hon'ble High Court, issued the impugned speaking order dated 04.02.2026 (Annexure-A/1) rejecting the application of the applicant seeking NOC on the grounds of administrative exigency and public interest. The so called reason of shortage of staff for refusing NOC has already been deprecated by this Tribunal in Mahendra Kumar Arya vs UOI & 5 Ors.. in O.A. No. 273/2025 in the order dated 21.01.2026 as well as the order dated 29.05.2025 passed in O.A. No. 107/2025 in the case o