STATE OF RAJASTHAN Vs. ACHALA RAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 26. 04. 2001 passed by the learned Single Judge in Writ Petition No. 2843/2000 whereby the order Annex. 3 dated 29th July 2000 was set aside and the State Govt. was directed to treat the petitioner to be in service and entitled to get 50% of the back wages.

(2.) THE dispute lies within a narrow compass. THE writ petitioner, who was holding the post of Compressor Driver, submitted application dated 1. 05. 2000 (Annex. 1) seeking voluntary retirement under Rule 50 (1) of the Rajasthan Civil Services (Pension) Rules 1996 (hereinafter referred to as the `rules of 1996') stating therein that he may be voluntarily retired with effect from 31. 07. 2000.

(3.) IN the present case, the intended date of retirement was 31. 07. 2000 and the withdrawal application was submitted by the petitioner by his application Annex. 2 was dated 24th May 2000, which was duly served in the office of the Superintending Engineer i. e. respondent No. 2 in the writ petition on 25th of May, 2000 and this is the specific averment made by the petitioner in Para 4 of the writ petition.