- (1.) The petitioner, while serving as Dy. Registrar, Co- operative Societies, Jaipur, submitted an application under Rule 50 of the Rajasthan Civil Services (Pension) Rules, 1996, for seeking voluntary retirement on the ground of family circumstances and ill health on 5-12-2002. The application was rejected by the respondents vide order dated 15-2-2003. Hence, the present writ petition, challenging the order dated 15-2-2003 with the prayer for treating the petitioner having voluntarily retired from any appropriate date to be fixed by this Court.
(2.) While relying on the judgment of the Supreme Court in the case of Manjushree Pathak v. Assam Industrial Development Corporation Ltd., 2000 7 SCC 390 and this Court in the case of Usman Khan v. State of Rajasthan, 1992 3 SCT 413, learned counsel for the petitioner submitted that the impugned order of rejection is a non- speaking order and does not give any reason, whatsoever for rejecting the application of the petitioner for seeking voluntary retirement.
(3.) While alleging certain mala fide against the Minister concerned, it has also been submitted that in view of unblemished service record of the petitioner there was no justification for refusing the petitioner voluntary retirement. It has been submitted that petitioner has sought voluntary retirement only for contesting the ensuing Assembly elections.;