Resignation is a fundamental right of an employee and cannot be denied by the employer on grounds of staff shortage or operational exigencies unless disciplinary proceedings are pending or specific contractual stipulations exist.

ORDER

PER MR. SANJIV KUMAR, MEMBER (A):

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

“8.1 The Hon'ble Tribunal be pleased to direct the respondent no. to issue No Objection Certificate(NOC) to the applicant for submission before the respondent no. 4 for appointment to the post of Technician Grade III under RRB CEN No. 02/2024, with all consequential benefits including appointment and counting of his past service w.e.f. 01.05.2023 for all purposes.

Or alternatively

to direct the respondent no. 2 to accept the resignation submitted by the applicant on 01.05.2025 with a further direction upon the respondent no. 4 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.

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

2. The applicant was initially appointed as Trackman IV on 01.05.2023 under Sr. Section Engineer/P-Way/Chaparmukh under administrative control of DRM(P)/Lumding. Pursuant to Central Employment Notice (CEN) No. 02/2024 issued by the Ministry of Railways, Railway Recruitment Board, he applied for the post of Technician Grade III (level 2) against RRB, Malda, West Bengal. He appeared in the written examination held on 27.12.2024 and performed well. Vide an application dated 20.03.2025, applicant communicated the respondent No. 2 that he was applying against the Advertisement No. 02/2024 and requested for issue of NOC to appear in the said examination. However, said application for grant of NOC has not yet been considered. In the meantime, he was shortlisted for document verification and medical examination on the basis of his performance in the Computer Based Text. Thereafter, on 23.04.2025, he appeared for document verification and submitted all his documents. But due to non issuance of No Objection Certificate from his present employer, he could not submit the same. Applicant was also directed to produce NOC from the employer by 18.05.2025. Applicant was further directed to submit the NOC/resignation acceptance letter as soon as possible. However, he could not submit the same for non issuance of NOC from his present employer. Finding no alternative, applicant submitted his resignation letter dated 01.05.2025 to be effective from 02.05.2025 before the respondents which was rejected vide order dated 18.07.2025 without assigning any reason.

3. Shri K. Abhinaba, proxy counsel of Shri M. Chanda, learned counsel for the applicant submitted that it is the settled position of law that to resign is a right of employee who cannot be forced to serve in case he is not willing until and unless there is some stipulation in the Rules and in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the services. 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 27.06.2025, one post of Technician III under CEN No. 02/2024 is reserved by the RRB, Malda, thereby protecting the interest of the applicant. Learned counsel therefore, prays for a direction