- (1.) PETITIONER, while serving as Junior specialist, as alleged, on having rendered more than 27 years of service, had submitted application dt.01/06/2010 (Ann.1) addressing to the Deputy Secretary, Medical & Health (Gr.2) Department, Rajasthan, Jaipur, in the Office of Chief Medical & Health Officer, seeking voluntary retirement U/r 50 of Rajasthan Civil Services (Pension) Rules, 1996 ("Pension Rules"); which was forwarded to the Director of Medical & Health Services, Jaipur vide letter dt.29/06/2010 (Ann.3).
(2.) AS is evident from the record, his application was received on 26/08/2010 by the appointing authority, which had not acceded to the request of petitioner seeking voluntary retirement and rejected his application vide communication dt.01/10/2010 (Ann.12) addressed to the Director - copy whereof endorsed to the petitioner, as well. Main thrust of contention advanced by Counsel is that the date on which he submitted application addressed to the appointing authority viz. 01/06/2010 has to be reckoned for the purposes of expiry of three months, which elapsed on 01/09/2010; and since no order was passed within three months as contemplated U/r 50(1) of Pension Rules, he stood retired from service pursuant to his application seeking voluntary retirement w.e.f. 01/09/2010 and the action taken by respondents rejecting his application vide order dt.01/10/2010 (Ann.12) is wholly arbitrary and deserves to be set aside. The submission made by Counsel is wholly without substance for the reason that R.50(1) of Pension Rules clearly contemplates that after having completed fifteen years qualifying service, Government servant may give notice of not less than three months in writing to the appointing authority and may retire from service. Thus, U/r 50(1) after notice being served in the office of appointing authority, the authority has to take decision within stipulated period of three months on the application seeking voluntary retirement. It has also been provided under proviso to R.50 of Pension Rules that if the appointing authority fails to pass order of refusal within the period specified in the said notice (three months), the retirement shall automatically become effective from the date of expiry of the said period. However, in the instant case, application though was addressed by the petitioner to the appointing authority but was submitted in the office of Chief Medical & Health Officer, Nagaur and on being forwarded through Director of Medical & Health Services, it was received on 26/08/2010 in the office of appointing authority as is evident from letter dt.01/10/2010 (Ann.12) - pursuant to which, the appointing authority took decision rejecting application of petitioner within three months U/r 50(1) vide communication dt. 01/10/2010 while endorsing a copy whereof to the petitioner, as well. In this view of matter, submission made by Counsel that three months having expired and he stood retired on 01/09/2010 is wholly bereft of substance. Consequently, writ petition fails and is hereby dismissed.;