A bench comprising Justice Inderjeet Singh and Justice Sandeep Taneja held that the election defeat does not constitute a “substantial change of circumstances” or a “compelling reason” under Rule 26(5) of the Central Civil Service (Pensions) Rules, 2021. File
A government servant who voluntarily resigns from service to contest State Assembly elections cannot seek reinstatement or withdrawal of resignation under the Central Civil Service Rules, irrespective of whether he wins or loses the polls, the Rajasthan High Court has ruled.
A Division Bench of the High Court has dismissed a petition filed by a former senior auditor of the North Western Railway challenging the rejection of his application to withdraw his accepted resignation letter. The court upheld the February 27 order of the Central Administrative Tribunal (CAT), Jaipur, denying relief to the petitioner.
The bench, comprising Justice Inderjeet Singh and Justice Sandeep Taneja, held that the election defeat does not constitute a “material change of circumstances” or a “compelling reason” under Rule 26(5) of the Central Civil Service (Pensions) Rules, 2021.
Dismissing the petition filed by Neeraj Bishnoi, a resident of Ajmer, the court also held that participation in active politics violates the 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 tendering his resignation, but lost.
He sought withdrawal of his resignation and reinstatement on January 1, 2024, but North Western Railway rejected his request as well as the subsequent submission. He claimed that he sought withdrawal within 90 days, and claimed that it was only after losing the election that he learned that he would not be entitled to pension benefits.
The High Court rejected the applicant’s argument, ruling that challenging the election was a “voluntary choice” and not a “compelling reason”. “His subsequent election defeat cannot be interpreted as a material change in the circumstances existing at the time of his resignation,” the court said.
The Court also upheld the CPT’s finding that participation in elections as a candidate of a political party violated the requirement of maintaining political neutrality. The court found no error in the CAT’s decision to dismiss Mr. Bishnoi’s application and dismissed the writ petition as unfounded.
Published – Sep 13, 2026 03:52 EST.