MAHAVEER PRASAD SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner working as Junior Surgeon in the respondent Medical and Health Department, sought voluntary retirement from service vide his application dated 07.03.2014, which however came to be rejected by the respondent, Deputy Secretary of the Medical and Health Department, Jaipur vide the impugned order dated 07.05.2014 (Annex. 18) and being aggrieved by the same, the petitioner has preferred this writ petition assailing that order.

(2.) MR . Trilok Joshi, learned counsel for the petitioner relied upon the provisions of Rule 50 of the Rajasthan Civil Service (Pension) Rules, 1996, (for brevity, hereinafter referred to as 'Pension Rules of 1996') and the Government of Rajasthan Decisions taken thereunder and certain case -laws rendered by this Court, and urged that since no enquiry is pending against the petitioner, the application for voluntary retirement from service after completion of the qualifying service of petitioner for 20 years deserves to be accepted and the same has wrongly been rejected by the respondents and, therefore, the writ petition deserves to be allowed.

(3.) THE impugned order (Annex. 18), which has been passed by the competent authority before the expiry of notice period of three months on 07.05.2014 is also quoted herein below for ready reference: -