Government employee can't reclaim job after quitting to contest polls: HC

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

A government employee who voluntarily resigns to contest a State Assembly election cannot later claim reinstatement or withdraw the resignation, regardless of the electoral outcome, a Division Bench of the Rajasthan High Court has ruled.

The judgment came in a writ petition filed by Neeraj Bishnoi, a former senior auditor with North Western Railway and a resident of Ajmer, who had resigned to contest the 2023 Assembly election from Ratangarh on a Bahujan Samaj Party ticket but lost. He sought withdrawal of his resignation and reinstatement in service on January 1, 2024, but the North Western Railway rejected both his initial request and a subsequent representation.

No compelling reason to withdraw resignation

The Division Bench, comprising Justice Inderjeet Singh and Justice Sandeep Taneja, dismissed the writ petition and upheld a February 27 order of the Central Administrative Tribunal (CAT), Jaipur Bench, which had denied relief to the petitioner. The court 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.

"His subsequent defeat in the election cannot be treated as a material change in circumstances existing when he resigned," the court said.

Mr. Bishnoi had argued that he sought withdrawal within 90 days and claimed he became aware only after losing the election that he would not be entitled to pensionary benefits. The High Court rejected this contention, holding that contesting the election was a "voluntary choice" and not a "compelling reason".

Breach of political neutrality norms

The court also held that participation in active politics breaches the mandatory political neutrality required under the Central Civil Services (Conduct) Rules, 1964. The Bench upheld the CAT's finding that contesting the election as a political party's candidate violated the requirement of maintaining political neutrality.

Finding no error in the CAT's order rejecting Mr. Bishnoi's plea, the Bench dismissed the writ petition as devoid of merit. The ruling clarifies that a government employee who voluntarily resigns from service to contest elections cannot claim reinstatement or withdrawal of resignation under the Central Civil Services Rules, irrespective of winning or losing the polls.

Source: The Hindu