Jaipur, September 12, 2026 (Yes Punjab News)
The Rajasthan High Court has ruled that a government employee who voluntarily resigns from service to contest an election cannot seek reinstatement merely because he loses the poll.
A division bench of Justice Indrajit Singh and Justice Sandeep Taneja dismissed a petition filed by Neeraj Bishnoi, a former senior auditor with North Western Railway, challenging the rejection of his request to withdraw his resignation and return to government service.
Bishnoi had resigned on October 10, 2023, to contest the Rajasthan Assembly election. The Railway accepted his resignation with effect from November 1, 2023. He subsequently contested the Ratangarh Assembly constituency in Churu district on a BSP ticket but lost the election.
On January 1, 2024, Bishnoi sought withdrawal of his resignation and reinstatement. The department rejected his request on January 29, followed by rejection of his subsequent representation on February 22. He then approached the Central Administrative Tribunal (CAT), Jaipur, and later challenged the decision before the High Court.
Before the High Court, Bishnoi’s counsel argued that his application had been filed within the 90-day period prescribed under the applicable rules. It was also contended that he was unaware when resigning that the decision would affect his pension and other retirement benefits and became aware of the consequences only after losing the election.
The petitioner argued that this constituted a change in circumstances warranting withdrawal of his resignation. The department, however, maintained that Bishnoi had voluntarily resigned specifically to contest the election and could not reverse that decision simply because he was unsuccessful.
The High Court upheld the CAT’s order, observing that an election defeat did not constitute a “compelling reason” or a “significant change in circumstances” for withdrawing the resignation under the applicable service rules.
The bench referred to the Central Civil Services (Pension) Rules, 2021, which permit withdrawal of resignation only subject to specified conditions, including the existence of a compelling reason for resignation and a significant change in circumstances connected with that reason.
The court also considered provisions governing political activity by government employees under the CCS (Conduct) Rules, 1964, which require government servants to maintain political neutrality and impose restrictions on participation in political activities and elections.
The bench noted that Bishnoi had voluntarily resigned for the stated purpose of contesting the election and had acted on that decision by entering the electoral contest. It further observed that allowing withdrawal of the resignation in such circumstances would effectively treat him as having remained in continuous government service during the period following his resignation, including while he contested the election.
Finding no grounds to interfere with the CAT’s order, the High Court dismissed the petition.
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