- (1.) HEARD learned counsel for the parties. In this writ petition, the petitioner has challenged the order dated 26.05.2010 (Annexure -6) passed by the Additional Director (Gazetted), Medical and Health Services, Rajasthan, Jaipur, whereby, it has been informed by the said authority to the Chief Medical Officer, Government General Hospital, Sri Ganganagar that due to non -availability of the doctors in the State, it is not possible to accept the prayer of petitioner Dr. Alok Bhati for voluntary retirement.
(2.) AS per facts of the case, the petitioner after completion of 19 years of service filed an application for voluntary retirement w.e.f. 11.05.2010. The case of the petitioner was forwarded to the Government for acceptance of voluntary retirement vide Annexure -2 dated 19.02.2010. The State Government refused to accept the prayer of the petitioner for voluntary retirement solely on the ground that doctors are not available in the Department. Learned counsel for the petitioner submits that according to Rule 50 of the Rajasthan Civil Services (Pension) Rules, 1996 (hereinafter referred to as "the Rules of 1996") there is provision for voluntary retirement. As per Rules for voluntary retirement, a government employee is required to give notice for three months' and after completion of period of notice he can treat himself voluntarily retired automatically is no order contrary is passed by the Department before the date of notice expired.
(3.) IN this case also, an application was filed on 10.02.2010 for seeking voluntary retirement w.e.f. 11.05.2010, but till that date no communication was received by the petitioner and latter on a communication dated 26.05.2010 was received by him sent by the respondent -Department, in which, prayer for voluntary retirement was refused on the ground of non -availability of Doctors.;