KANHAIYA LAL Vs. STATE

JUDGEMENT

(1.) THROUGH this writ petition the petitioner seeks to quash the orders dated 17th November 1986 and 22nd March, 1988 whereby his request for revocation of the offer of voluntary retirement under Rule 244(1) of the Rajasthan Service Rules was turned down. The petitioner joined the services on 16th July, 1951 as a peon and was later on promoted as L.O.C. on 14th September, 1965 In the year 1977 he was promoted as U.D.C. On 18th July, 1986, the petitioner sent a letter to the Inspector General of Police (Prisons) from the place of his posting i.e. District Jail, Tonk mentioning therein that he had completed 35 years of his service and because of his family circumstances he was not desirous of continuing in the Government service and in case any inquiry is pending against him and if there is any dues from the petitioner the same may be completed and made good before 30th November, 1986 and his request seeking voluntary retirement under Rule 244(1) of the R.S.R. my be accepted. Thereupon the Inspector General of prisons passed an order dated 17th November 1986 accepting the petitioner's request of voluntary retirement under Rule 244(1) from the afternoon of 29th November, 1986. When this order dated 17th November, 1986 was received by the petitioner at the place of his posting i.e. Tonk he submitted an application on that very day i.e. 25th November, 1986 through the Superintendent to the I.G.P.(Prisons) mentioning therein that he now does not want to proceed on the voluntary retirement and the orders with regard to the acceptance of his voluntary retirement may be revoked meaning thereby that the petitioner chose to with dr his offer seeking voluntary retirement under Rule 244(1) of R.S.R. which was to become effective from 29th November, 1986. The relevant provisions of Rule 244(1) are reproduced as under:

(2.) SHRI K.S. Rathore appearing on behalf of the State has submitted that once the petitioner's offer seeking voluntary retirement under Rule 244(1) as was made on 18th July, 1986 had been accepted on 17th November, 1987 even if from afternoon at 29th November, 1986 he could not withdraw such offer after 17th of November, 1986 because the same had been accepted on 17th November, 1986 and it also could not be with -drawn after the expiry of 3 months period because according to him 3 months period is the period prescribed under Rule 244(1) of R.S.R.