Nirmaljit Kaur, J. - (1.) THE prayer in the present petition is to consider the petitioner as voluntarily retired from service with effect from 31.12.2013 i.e. after the expiry of three months from the second application sent by him on 1.10.2013.
(2.) THE facts in short are that the petitioner was appointed on 11.06.1997. He was posted as Medical Officer at Communal Health Center, Sadri, District Pali and on deputation posted at Pali. On completion of 15 years service, the petitioner submitted application dated 07.01.2013 and sought voluntary retirement with effect from 11.4.2013. The respondents without assigning any reason, rejected the prayer by order dated 20.02.2013. The petitioner again submitted application dated 01.10.2013 and sought voluntary retirement with effect from 31.12.2013. After expiry of three months, the respondents neither allowed nor rejected the application of the petitioner. Accordingly, he sent a reminder on 1.1.2014. Thereafter, the respondents rejected the prayer of the petitioner vide order dated 17.01.2014 which was received by him on 4.2.2014 on the ground that there is scarcity of doctors. While praying for the relief, learned counsel for the petitioner inter alia argued that he is entitled for the voluntary retirement in view of Rule 50 of Rajasthan Civil Service (Pension) Rules, 1996 and that the authorities can refuse voluntary retirement only in case he is under suspension, disciplinary proceedings or criminal prosecution are pending.
(3.) REPLY has been filed. The facts are not disputed. The only objection raised is that the guidelines were only directory and not mandatory and that the petitioner cannot compel the answering respondents to accept the request. Further, there was scarcity of the doctors in the State and that they are not able to get the services of doctors in spite of their best efforts.;