- (1.) BY this petition, the petitioner has prayed for following reliefs: "i) By an appropriate writ, order or direction, the Application dated 06.04.2013 (Annexure 03) filed by the petitioner may kindly be allowed; ii) By an appropriate writ, order or direction, the respondents be directed to grant the permission for Voluntary Retirement from the expiry of the period i.e. 08.08.2013; iii) Any other appropriate order or direction which this Hon'ble Court may deem fit just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. iv) Costs of the writ petition may kindly be awarded to the petitioner."
(2.) BRIEF facts of the case are that the petitioner was appointed as Auxiliary Nurse - Midwife (ANM) in the Medical and Health Department, Government of Rajasthan on 03.10.1992 and in pursuance of her appointment, she joined her duties on the aforesaid post on 07.10.1992. After completion of 20 years' qualifying service in the Medical and Health Department, the petitioner moved an application dated 06.04.2013 before the Additional Director, Medical and Health Department through Medical Officer, Gundoja, District Pali, whereby she sought voluntary retirement w.ef. 08.08.2013. The application dated 06.04.2013 was forwarded by the Medical Officer, Gundoja, District Pali to the Block Chief Medical and Health Officer, Pali, who further forwarded the same to the CMHO, Pali on 09.05.2013. The petitioner again sent a reminder to the Director, Medical and Health Department, through CMHO, Pali and requested for acceptance of her voluntary retirement tendered by her through application dated 06.04.2013. The CHMO, Pali forwarded the said application of the petitioner to the Additional Director, Medical and Health Service, Jaipur vide letter dated 24.06.2013.
(3.) THE case of the petitioner is that though as per the Rule 50 of the Rajasthan Civil Service Pension Rules 1996 (for short 'the Pension Rules, 1996' hereinafter), the petitioner has automatically retired on 08.08.2013, the date mentioned in her application dated 06.04.2013 because her application for seeking voluntary retirement has not been rejected before expiry of the period satisfied in the application but the respondents are not treating the petitioner to have retired from Government service and, therefore, the petitioner has prayed that a direction may be issued to the respondents to accept the application of the petitioner seeking voluntary retirement from 08.08.2013, the date mentioned in the said application.;