TULSI RAM SHARMA Vs. STATE AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the judgment dated March 1, 1993, passed by the learned Single Judge, by which the writ petition filed by the petitioner, was dismissed.

(2.) The appellant-petitioner is the original writ petitioner and was working as U.D.C. in P.W.D. (Division I), Doongarpur. He served a notice dated 22.10.1993 (Annexure. 1) to the Chief Engineer seeking his voluntary retirement. As per Rules, after expiry of the period of three months of the service of the notice, the petitioner's service should automatically come to an end as no adverse order in the case of the petitioner was passed, but the petitioner was not relieved and he continued in service. The petitioner again served the notice Annexure 2 to the Chief Engineer in which a request was made that he may be allowed voluntary retirement with effect from 15.7.1985. This request of the petitioner was accepted by the Chief Engineer P.W.D. Rajasthan, Jaipur, by his letter dated 4.4.86 (Annexure-3) and he was ordered to be retired voluntarily from Government Service under rule 244(1)of the Rajasthan Service Rules, 1951, from the date of relieving him provided: (i) no Government dues are outstanding against him; (ii) he is not involved in any case of embezzlement or fictitious over-payment or other irregularities and no departmental enquiry is pending or contemplated to be initiated against him; and (iii) he has not executed any bond to serve the Government. The petitioner, in pursuance to this order dated 4.4.1986, was relieved from duty on 4.4.1986 itself. The petitioner challenged the order Annexure 3 by way of filing a writ petition on the ground that the conditions mentioned in the order were not fulfilled and still he was relieved from the service. His further contention is that he sought his voluntary retirement with effect from 15.7.1985 and he was not allowed the voluntary retirement from that date and the Chief Engineer has no power to retire the petitioner on a subsequent date not suitable to him. His further contention is that even No Dues Certificate was not issued and he was ordered to be retired and relieved. The learned Single Judge considered all the points raised the learned counsel for the petitioner-appellant. While deciding the writ petition filed by the petitioner, the learned Single Judge observed that in view of the provisions of rule 244(1) and(2) of the Rajasthan Service Rules, 1951, it is clear that a Government servant, who has given notice for seeking voluntary retirement under Clause (a) of rule 244(1) of the R.S.R., may presume acceptance of the notice and his 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. The learned Single Judge further observed that the State Government has all powers to accept voluntary retirement of the Government servant on a subsequent date other than the date mentioned in the notice for the voluntary retirement of the employee. The Government can always ask the Government servant to retire from the later date if he continues to work after the notice period and does not withdraw his notice for voluntary retirement in the meanwhile.

(3.) We have gone through the judgment passed by the learned Single Judge. Sub-rule (b) of rule 244 (1) of the Rajasthan Service Rules, 1951, reads as under:-