Govt. employee quitting to fight polls can’t seek reinstatement: Rajasthan High Court

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The Bench, comprising Justice Inderjeet Singh and Justice Sandeep Taneja, ruled that losing an election does not constitute a “material change in circumstances” or a “compelling reason” under Rule 26(5) of the Central Civil Services (Pension) Rules, 2021. File

A government employee who voluntarily resigns from service to contest the State Assembly election cannot claim reinstatement or withdrawal of resignation under the Central Civil Services Rules, irrespective of winning or losing the polls, the Rajasthan High Court has held.

A Division Bench of the High Court dismissed a writ petition filed by a former senior auditor with North Western Railway challenging the rejection of his application to withdraw his accepted resignation. The court upheld a February 27 order of the Central Administrative Tribunal (CAT), Jaipur Bench, denying relief to the petitioner.

The Bench, comprising Justice Inderjeet Singh and Justice Sandeep Taneja, ruled that losing an election does not constitute a “material change in circumstances” or a “compelling reason” under Rule 26(5) of the Central Civil Services (Pension) Rules, 2021.

Rejecting the petition moved by Neeraj Bishnoi, a resident of Ajmer, the court also held that the participation in active politics breaches mandatory political neutrality under the CCS (Conduct) Rules, 1964. Mr. Bishnoi had contested the 2023 Assembly election from Ratangarh on the Bahujan Samaj Party ticket after tendering resignation, but lost.

He sought withdrawal of his resignation and reinstatement in service on January 1, 2024, but the North Western Railway rejected his request as well as a subsequent representation. He argued that he had sought withdrawal within 90 days and claimed that he became aware only after losing the election that he would not be entitled to pensionary benefits.

The High Court rejected the petitioner’s contention, holding that contesting the election was a “voluntary choice” and not a “compelling reason”. “His subsequent defeat in the election cannot be treated as a material change in circumstances existing when he resigned,” the court said.

The Court also upheld the finding of CAT that contesting the election as a political party’s candidate violated the requirement of maintaining political neutrality. The Bench found no error in CAT’s order rejecting Mr. Bishnoi’s plea and dismissed the writ petition as devoid of merit.

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