KANHAIYA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THROUGH this writ petition the petitioner seeks to quash the orders dated 17. 11. 1986 and 22. 03. 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 16. 07. 1951 as a Peon and was later on promoted as L. D. C. on 14. 09. 1965. In the year 1977 he was promoted as U. D. C. On 18. 07. 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 30. 11. 1986 and his request seeking voluntary retirement under Rule 244 (1) of the R. S. R. may be accepted. Thereupon the Inspector General of Prisons passed an order dated 17. 11. 1986 accepting the petitioner's request of voluntary retirement under Rule 244 (1) from the afternoon of 29th of November, 1986. When this order dated 17. 11. 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. 25. 11. 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 withdraw his offer seeking voluntary retirement under Rule 244 (1) of R. S. R. which was to become effective from 29. 11. 1986. The relevant provisions of Rule 244 (1) are reproduced as under:- 244 (1) Optional Retirement on completion of 20 years qualifying service - (a) A Government servant may, after giving atleast 3 months' previous notice in writing to the Appointing Authority, retire from service on the date on which he completes 20 years of qualifying service or attains the age of 45 years whichever is earlier or any date thereafter to be specified in the notice: Provided that it shall be open to the Appointing Authority to with hold permission to retire a Government servant: (i) who is under suspension; (ii) in whose case disciplinary proceedings are pending or contemplated for the imposition of a major penalty and the disciplinary authority having regard to the circumstances of the case is of the view that such disciplinary proceedings might result in imposition of the penalty of removal or dismissal from service; (iii) in whose case prosecution is contemplated or may have been launched in a court of law; (b) A Government servant who has given notice for seeking retirement under clause (a) of this sub-rule, may presume acceptance of the notice of retirement and the retirement shall be effective in terms of the notice automatically unless an order in writing to the contrary has been issued by the Competent Authority and served upon the Government servant before the expiry of the period of the notice (f) A Government servant may, with the approval of the Appointing Authority, withdraw the notice given under clause (a) of this sub-rule provided the request for such withdrawal is made before the expiry of the notice. "

(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 18. 07. 1986 had been accepted on 17. 11. 1987 even if from afternoon of 29. 11. 1986 he could not withdraw such offer after 17th of November, 1986 because the same had been accepted on 17. 11. 1986 and it also could not be withdrawn 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.