Ajay Rastogi, J. - (1.) MATTER has come upon application (No. 17467/dt.02/08/2010) seeking interim relief. At joint request, matter has been heard finally at this stage.
(2.) INSTANT petition has been filed with the grievance that despite statutory period of three months of seeking voluntary retirement as provided under Rule 50(1) of Rajasthan Civil Service (Pension) Rules, 1996 ("Pension Rules") having expired, yet benefit of retiral dues on being retired from service w.e.f. 03/10/2008 has not been granted to her so far. Petitioner was initially appointed as Teacher Gr.III on 06/09/1975; however, later on was promoted as Head Mistress and posted in Govt. Upper Primary School, Malipura, Bayana (Bharatpur). Looking to family circumstances, petitioner submitted application (Ann.1) on 02/07/2008 seeking voluntary retirement on expiry of three months w.e.f. 02/10/2008, duly supported by an affidavit/declaration that no disciplinary inquiry was pending against her. Even on 01/10/2008, no due dues certificate was granted to her by institution; and that apart, she submitted application (Ann.4) on 03/10/2008 that since three months period having expired, she stood retired from service w.e.f. 02/10/2008; therefore, her retiral dues admissible under pension rules be released; but no action was taken by respondents to release her retiral benefits. Hence instant petition.
(3.) IN the reply, respondents averred that charge sheet was sent to the petitioner for alleged absence period from 29/07/1998 to 10/09/2002 (Ann.R/1); at the same time, it has also been averred that her request seeking voluntary retirement was declined vide communication dt.26/09/2008; and only material on which respondents have basically placed reliance was of her absence for the period from 26/09/1998 to 10/09/2002 without getting any leave sanctioned; and that apart, her request was declined before three months having expired; as such petitioner cannot be said to be justified in seeking voluntary retirement, as prayed for.;