LAWS(RAJ)-2013-10-60

SUSHILA PANWAR Vs. STATE OF RAJ.

Decided On October 30, 2013
Sushila Panwar Appellant
V/S
STATE OF RAJ. Respondents

JUDGEMENT

(1.) BY this petition, the petitioner has prayed for following reliefs:

(2.) BRIEF facts of the case are that the petitioner was appointed as Auxiliary Nurse - Midwife (ANM) in the Medical and Health Department, Government of Rajasthan on 03.10.1992 and in pursuance of her appointment, she joined her duties on the aforesaid post on 07.10.1992. After completion of 20 years' qualifying service in the Medical and Health Department, the petitioner moved an application dated 06.04.2013 before the Additional Director, Medical and Health Department through Medical Officer, Gundoja, District Pali, whereby she sought voluntary retirement w.ef. 08.08.2013.

(3.) THE case of the petitioner is that though as per the Rule 50 of the Rajasthan Civil Service Pension Rules 1996 (for short 'the Pension Rules, 1996' hereinafter), the petitioner has automatically retired on 08.08.2013, the date mentioned in her application dated 06.04.2013 because her application for seeking voluntary retirement has not been rejected before expiry of the period satisfied in the application but the respondents are not treating the petitioner to have retired from Government service and, therefore, the petitioner has prayed that a direction may be issued to the respondents to accept the application of the petitioner seeking voluntary retirement from 08.08.2013, the date mentioned in the said application.