GOPAL KRISHANVYAS, J. - (1.) IN this writ petition, the petitioner has prayed for direction to the respondent to treat the petitioner to have voluntarily retired from service with effect from 1.8.2010 and grant pensionary benefits to the petitioner with effect from 1.8.2010.
(2.) LEARNED counsel for the petitioner submits that while working on the post of Office Assistant in the respondent department the petitioner filed an application for voluntary retirement on 23.4.2010 with effect from 1.8.2010 but no order was received by him for either acceptance or refusal of voluntary retirement from the respondents, therefore, the petitioner treated himself to have retired voluntarily from service with effect from 1.8.2010, the date which is given by him in the notice seeking voluntary retirement. Subsequently, however, the petitioner received communication dated 19.7.2010 contemplating to initiate inquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958, therefore, explanation was sought from the petitioner for his willful absence within 3 days. Learned counsel for the petitioner submits that the day on which the petitioner filed application for voluntary retirement, there was nothing against him, upon which, the application for voluntary retirement can be rejected, therefore, in view of the Rule 50 of the Rajasthan Civil Services (Pension) Rules, 1996 the petitioner treated himself deemed to have voluntarily retired from service with effect from 1.8.2010; but the respondents did not treat the petitioner to have voluntarily retired from service even if no order was passed upon his application and issued charge-sheet, so also, passed order for transfer which is totally illegal. Hence, it is submitted that the respondents may be directed to treat the petitioner to have voluntarily retired from service will effect from 1.8.2010 and grant all retiral benefits without further delay.
(3.) LEARNED counsel for the petitioner invited attention of the Court towards judgments reported in 1991 (1) RLR 693 and 1991 (1) WLC (Raj.) 504, in which it has been held that notice of voluntary retirement becomes automatically effective upon expiry of the period specified therein.;