Page No.# 1/8 GAHC010183542025 2025:GAU- AS:11343-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4800/2025 THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE GENERAL MANAGER, N.F. RAILWAY, MALIGAON, GUWAHATI, ASSAM-781011 2: THE GENERAL MANAGER (P) N.F. RAILWAY MALIGAON GUWAHATI-11 3: THE DIVISIONAL RAILWAY MANAGER (P) N.F. RAILWAY TINSUKIA DIVISION TINSUKIA ASSAM 4: THE DIVISIONAL PERSONNEL OFFICER N.F. RAILWAY TINSUKIA DIVISION TINSUKIA ASSAM 5: THE SENIOR DIVISIONAL ENGINEER (COORDINATION) N.F. RAILWAY TINSUKIA DIVISION TINSUKIA ASSAM 6: THE SENIOR DIVISIONAL ENGINEER/II N.F. RAILWAY TINSUKIA DIVISION ASSA VERSUS Page No.# 2/8 BHOLA CHAUDHARY S/O SRI JAWAHAR CHAUDHARY, R/O VILL- JUAFAR BAZAR, P.O.- NIRPUR, P.S. AND DIST- NALANDA, BIHAR, PIN-803111 Advocate for the Petitioner : MR. S S ROY, Advocate for the Respondent : MR H K DAS (FOR CAVEATOR), MR N K SARMA (FOR CAVEATOR),MS D MAHANTA (FOR CAVEATOR) BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 26/08/2025 (Michael Zothankhuma, J) 1. Heard Mr. S.S. Roy, learned CGC, appearing for the writ petitioners. Also heard Mr. H.K. Das, learned counsel appearing for the respondent nos. 1, 2 & 3. 2. The petitioners’ case is that the Central Administrative Tribunal, Guwahati Bench, Guwahati, had disposed of Original Application No. 040/194/2025 (Sri Bhola Chaudhary Vs. Union of India & Others), vide order dated 27/06/2025, directing the writ petitioners to relieve the private respondent, by accepting his technical resignation, with a condition that the respondent would not retain lien over the post held by him once he joined as Junior Engineer (Civil) under the Government of Bihar. The petitioners’ case is Page No.# 3/8 that the above Original Application was disposed of by the learned Tribunal at the admission stage, without issuing any notice and without allowing the writ petitioners to file any affidavit. 3. The learned counsel for the private respondent, on the other hand, submits that the respondent, who was working as Junior Engineer (Civil)/Senior Section Engineer under the writ petitioners, was given a No Objection Certificate (NOC) to apply for the post of Junior Engineer (Civil) under the Government of Bihar, pursuant to the advertisement dated 08/03/2019. The private respondent was thereafter selected for the post of Junior Engineer (Civil) under the Government of Bihar in terms of the advertisement dated 08/03/2019. On being selected, the respondent submitted his application, for acceptance of his technical resignation, to enable him to join the new post of Junior Engineer (Civil) under the Government of Bihar. 4. The learned counsel for the private respondent submits that as the writ petitioners had allowed the private respondent to participate in the selection process for recruitment to the post of Junior Engineer (Civil), the writ petitioners could not now withhold his application, tendering his technical resignation. The learned counsel for the private respondent also submits that in a similar matter i.e WP(C) 4425/2025 (The Union of India and 6 others Page No.# 4/8 Vs. Jagdev Kumar), which was decided on 18/08/2025, this Court had upheld the directions passed by the learned Tribunal, directing the writ petitioners to accept the technical resignation of the respondent, who had been appointed as Junior Engineer under the Government of Bihar, subsequent to an NOC issued, allowing the respondent to take part in the selection process. 5. We have heard the learned counsels for the parties. 6. As can be seen from the documents on record, the private respondent who was working as Junior Engineer (Civil)/Senior Section Engineer under the N.F. Railways, had applied for grant of a NOC, to participate in the selection process for recruitment to the post of Junior Engineer (Civil) under the Government of Bihar. The same had been granted by the writ petitioners to the private respondent and accordingly, the private respondent participated in the selection process. The private respondent was thereafter selected for appointment as Junior Engineer (Civil), Government of Bihar. The private respondent tendered his technical resignation from the writ petitioners, to enable him to join his new post under the Government of Bihar. However, the writ petitioners declined to accept the technical resignation of the private respondent, on the ground that due to paucity of Officers in the N.F. Railways, it was not possible for the Railway Administration to relieve the respondent from Page No.# 5/8 his current post. Further, in terms of the letter dated 15/07/1991 issued by the Joint Director, Establishment (N), Railway Board to the General Managers, All Indian Railways, the General Managers/Head of Departments were given the power to withhold applications from their Officers, who sought opportunities for being recruited outside the N.F. Railways. 7. We have also noticed the letter No. W/PCE/Misc/Pt.II dated 08/08/2025 issued by the Principal Chief Engineer to the N.F.Railways, which states that in view of the acute shortage of “safety category staff” in the NFR, the NOC of employees who seek to participate in a selection process in other State Government/Central Government etc, shall be issued only after getting approval from the Headquarter. In the present case, the NOC to the private respondent had been issued much prior to the letter dated 08/08/2025. As such, when the NOC had been issued to the private respondent to participate in the selection process for recruitment to the post of Junior Engineer (Civil) under the Government of Bihar, there was no justification for the petitioners to withhold the technical resignation tendered by him, on the private respondent being selected for the said post. 8. We have also noticed that in the impugned judgement and order dated 23/07/2025 passed by the learned Tribunal, the writ petitioners were Page No.# 6/8 represented and there is nothing in the impugned order to show that the writ petitioners had asked for any time to file affidavit. In any event, the issue raised herein by the writ petitioners would have been the same before the learned Tribunal. In the writ petition, no averment has been made by the writ petitioners to the effect that the counsel for the writ petitioners had asked for time to file an affidavit before the learned Tribunal. As such, the stand of the writ petitioners that they should be given time to file affidavit on the same points that have been raised herein, cannot be said to have caused any prejudice to them. 9. In the case WP(C) 4425/2025 (The Union of India and 6 others Vs. Jagdev Kumar), the respondent, who was a Junior Engineer with the N.F. Railways, had been allowed to participate in a selection process for recruitment to the post of Junior Engineer (Civil) under the Government of Bihar, on the basis of a NOC issued by the N.F. Railways. On being selected for appointment as Junior Engineer (Civil) under the Government of Bihar, the respondent had submitted an application to the N.F. Railways to accept his technical resignation. However, the same had been declined on the ground that there were paucity of Officers in the N.F. Railways. The respondents had approached the learned Central Administrative Tribunal, Guwahati, for a direction to be issued to the N.F. Page No.# 7/8 Railways to accept the technical resignation tendered by the respondent therein. The learned Tribunal had allowed the same and a challenge was made to the direction passed by the learned Tribunal vide WP(C) 4425/2025. However, this Court vide order dated 18/08/2025 dismissed the WP(C) 4425/2025, by holding as follows :- “8. There is no denial of the fact that the Railway Administration had granted “No Objection” Certificate to the respondent for appearing in the selection process of the Government of Bihar and that paucity of officers in a particular organization would be no ground to forestall the career prospects of an employee, who would like to pursue his career in a different organization. If no rules have been violated and there is no contention of the respondent claiming any lien over the post in the Railways even after he assumes the office of the post on which he has been appointed in a different organization, there is no reason why the same should not be allowed to him. 9. We, therefore, find that the CAT was absolutely justified in directing the petitioners to accept the technical resignation of the respondent. 10. Finding no merit in this writ petition, we dismiss it.” 10. On considering that the facts of this case and the facts of WP(C) 4425/2025 are similar, we do not find any ground to interfere with the impugned judgement and order passed by the learned Tribunal in Original Application No. 040/194/2025 (Sri Bhola Chaudhary Vs. Union of India & Others). 11. As the private respondent’s application for being recruited outside the N.F. Railways had not been withheld by the writ petitioners and as NOC had Page No.# 8/8 been issued to him to allow him to participate in the selection process, the petitioners cannot now be allowed to withhold the technical resignation tendered by the private respondent, as the same is arbitrary. 12. The writ petition is accordingly dismissed. JUDGE JUDGE Comparing Assistant