Govt. employee leaving due to poll fight cannot seek reinstatement: Rajasthan High Court

A bench comprising Justice Inderjeet Singh and Justice Sandeep Taneja held that the election loss did not constitute a “substantial change in circumstances” or a “compelling reason” under Article 26(5) of the Central Civil Services (Pension) Rules, 2021. File

A government employee who voluntarily resigns from service to contest an election to the State Assembly cannot seek reinstatement or withdrawal of resignation under the Central Civil Services Rules, irrespective of whether he wins or loses the poll, the Rajasthan High Court has ruled.

A Division Bench of the Supreme Court has dismissed a suit filed by a former chief auditor of the North Western Railway challenging the rejection of his application to withdraw his accepted resignation. The court upheld the February 27 order of the Central Administrative Tribunal (CAT), Jaipur Bench, denying relief to the petitioners.

A bench comprising Justice Inderjeet Singh and Justice Sandeep Taneja held that the election loss did not amount to a “substantial change in circumstances” or a “compelling reason” under Rule 26(5) of the Central Civil Services (Pension) Rules, 2021.

Dismissing a petition filed by Neeraj Bishnoi, a resident of Ajmer, the court also ruled that participation in active politics violates mandatory political neutrality under the CCS (Conduct) Rules, 1964. Mr. Bishnoi contested the 2023 assembly elections from Ratangarh on a Bahujan Samaj Party ticket after submitting his resignation but lost.

He applied to rescind his resignation and resume service on 1 January 2024, but the North Western Railway refused both his application and subsequent representation. He argued that he applied for a withdrawal within 90 days and claimed he only learned after losing the election that he would not be eligible for retirement benefits.

The High Court rejected the petitioner’s plea saying that contesting the election was a “voluntary choice” and not a “compelling reason”. “His subsequent defeat in the elections cannot be considered a substantial change in the circumstances existing at the time he resigned,” the court said.

The court also upheld the CAT’s finding that contesting the election as a candidate of a political party violated the requirement to maintain political neutrality. The Bench found no error in the CAT order dismissing Mr. Bishnoi’s application and dismissed the suit as meritless.

Published – 13 Sep 2026 03:52 IST