H.R. Panwar, J. - (1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents that the petitioner voluntarily retired from police service w.e.f. 30.11.2000 instead of w.e.f. 10.09.2004 vide Annex. 9.
(2.) I have heard learned Counsel for the parties. The facts and circumstances giving rise to the present writ petition are that the petitioner was appointed on the post of Constable in the Department of Police with the non -petitioners w.e.f. 23.08.1975. After completing the service of more than 20 years of service, he filed an application before the Superintendent of Police, Sirohi under R.244(1) of the Rajasthan Service Rules seeking voluntary retirement w.e.f. 30.11.2000. Till 30.11.2000, the respondents neither accepted the application Annex. 1 filed by the petitioner nor rejected and intimated the rejection to the petitioner. However, the petitioner again filed an application vide Annex. R -9 on 12.01.2001 for voluntary retirement. By order Annex. 9 dt. 10.09.2004, the petitioner was given voluntary retirement w.e.f. 10.09.2004 (A.N.) and the period w.e.f. 29.11.1999 to 10.09.2004 was regularised as leave without pay as for that period the petitioner did not work. Learned Counsel for the petitioner submits that R.50 of the Rajasthan Civil Services (Pension) Rules, 1996 (for short 'the Rules of 1996 ' hereinafter) provides that when the appointing authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall automatically become effective from the date of expiry of the said period.
(3.) RULE 50 of the Rules of 1996 reads as under: - - 50. Retirement on completion of 20 years ' qualifying service. (1) At any time after a Government servant has completed twenty years ' qualifying service, he may, by giving notice of not less than three months in writing to the appointing authority, retire from service. (2) The notice of voluntary retirement given under Sub -rule (1) shall require acceptance by the appointing authority: Provided that where the appointing authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall automatically become effective from the date of expiry of the said period.;