MADAN SINGH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing order dt. 07.02.1995, Annex.-3, whereby, application of the petitioner for voluntary retirement from service was accepted, so also, order dt. 18.03.2000, Annex.-12 passed by the revisional authority whereby the revision filed by the petitioner was rejected.

(2.) As per brief facts of the case, the petitioner was substantively appointed in the Municipal Board on the post of Sub Nakedar on 08.01.1975. Later on, the petitioner/was illegally reverted to the post of Naka-Guard on 24.03.1983. On 01.11.1994, when the petitioner was working on the post of Naka-Guard, due to bad mental condition, the petitioner made an application to accept his retirement from service with effect from 07.02.1995.

(3.) In para 5 of the writ petition, it is specifically pleaded by the petitioner that before 07.02.1995, the day on which the petitioner was to be given retirement as per his application for voluntary retirement, the petitioner withdrew that application for voluntary retirement by filing application on 18.01.1995. However, the application filed by the petitioner on 18.01.1995 was not given any heed and order was passed on 07.02.1995 by the Executive Officer of the Municipal Board, Sangaria whereby application for voluntary retirement under Rule 244 of the Rajasthan Service Rules was accepted. After acceptance of voluntary retirement application, so many representations were filed by the petition, in which, it was specifically pleaded that due to bad mental condition the application for voluntary retirement was filed and the same was withdrawn on 18.01.1995; but, no reply whatsoever was given to the petitioner and, at last, a revision petition was filed by the petitioner and that too was dismissed vide Annex.-12 dt. 18.03.2000.