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DATE :- 23rd APRIL, 2026.

P. C. Heard the learned counsel appearing for the parties.

2. The petitioner who joined the services of Coal India Limited on the post of Management Trainee (E&T) in the executive cadre Grade-E-2 on 25.07.2012 and thereafter he promoted upto the post of Deputy Manager (E&T) in the executive cadre Grade E-4 on 28.06.2017, had applied for the post of Deputy Central Intelligence Officer (DCIO) (Technical), Intelligence Bureau, Ministry of Home Affairs, in pursuance to the UPSC advertisement and got selected.

2.1 After shortlisting of the petitioner for interview, he appeared for interview of UPSC for the post of DCIO (Tech.) on 28.10.2021.

2.2 On 05.07.2023 he was informed about his selection as DCIO (Tech) in the Intelligence Bureau. On 29.12.2023 he was recommended by the UPSC and on such recommendations, the Intelligence Bureau, Ministry of Home Affairs, Government of India, extends an offer of appointment to the post of DCIO (Tech) in Intelligence Bureau to the petitioner.

10. He further points out that no objection for competing for the post of DCIO (Tech.) in Intelligence Bureau was granted to the petitioner, subject to the condition that if selected, he will have to resign after completion of necessary formalities. It is submitted that the technical resignation submitted on 05.01.2024, was rejected on 30.01.2024. It is therefore argued that in refusing to grant lien, the respondent-CIL has not committed any error.

11. In the light of the rival submissions and having gone through the record, it is evident that the petitioner was initially appointed in the CIL and while in service with CIL, in pursuance of the advertisement issued by the UPSC, the petitioner applied for the post of DCIO (Technical) in the Intelligence Bureau. The petitioner's request for grant of no objection to apply for said post was granted by the CIL, subject to a condition that on selection, he will have to resign.

12. The petitioner was selected as DCIO (Tech.) and there was a hurdle in joining and therefore Writ Petition No. 2300 of 2024 was filed by the petitioner. In view of the interim order passed in the aforesaid writ petition, the respondent nos. 2 and 3 facilitated the petitioner to join on the post of DCIO (Tech). However, it is the case of the petitioner that since a question about grant of lien was not decided, he required to approach this Court by way of present writ petition.