Govt staffer quitting to contest polls can’t seek reinstatement: Rajasthan High Court

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Govt staffer quitting to contest polls can’t seek reinstatement: Rajasthan High Court

In Short

The court said such a resignation does not meet the requirements of “compelling reasons” and “material change in circumstances” prescribed under Rule 26(5) of the CCS (Pension) Rules, 2021.

Jaipur: The Rajasthan High Court has held that a govt employee who voluntarily resigns from service to contest an election cannot later seek reinstatement merely because he lost the poll.

The court said such a resignation does not meet the requirements of “compelling reasons” and “material change in circumstances” prescribed under Rule 26(5) of the CCS (Pension) Rules, 2021.

A division bench of Justice Inderjeet Singh and Justice Sandeep Taneja, in its Sept 1 order, dismissed a writ petition filed by former senior auditor Neeraj Bishnoi, posted at North Western Railway, challenging the Central Administrative Tribunal’s Feb 27 order.

Bishnoi, who was working in the NWR audit department, resigned on Oct 10, 2023, specifically to contest the Rajasthan Assembly election. His resignation was accepted on Nov 1, 2023.

He contested the election from Ratangarh on a BSP ticket but lost. On Jan 1, 2024, he sought withdrawal of his resignation and reinstatement. The department rejected his request and a subsequent representation.

Bishnoi argued that he had sought withdrawal within 90 days and claimed he became aware only after losing the election that he would not be entitled to pensionary benefits. However, the high court rejected the submissions, holding that contesting the election was a “voluntary choice” and not a “compelling reason”.

“His subsequent defeat in the election could not be treated as a material change in circumstances existing when he resigned,” the court held. The court also upheld the finding of CAT that contesting the election as a political party candidate violated the requirement of maintaining political neutrality.

The court found no error in the tribunal’s order and dismissed the writ petition as devoid of merit and thus dismissed it.

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