DEEN DAYAL PAREEK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN short, the facts of the case are that the petitioner was working as Office Assistant in the Office of Commandant, Police Training School, Kishangarh (Ajmer) in the year 1992. The petitioner moved an application dated May 1, 1992 under Rule 244 (1) of the Rajasthan Service Rules, 1951 (hereinafter to be referred as the Rules) for voluntary retirement with effect from July 31, 1992. His application was forwarded by the Commandant to the respondent No. 2, the appointing authority. According to the petitioner the above referred application for voluntary retirement was moved by him under mental tension due to the adverse family circumstances but after sometime he realised that it is not in his interest as well as in the interest of his family, therefore, he moved another application dated July 27, 1992 to the Commandant for withdrawing the said application. This application was also forwarded by the commandant to the respondent No. 2 with his letter by a Special Messenger which reached the office of respondent No. 2 on July 28, 1992 but under the orders of the respondent No. 2 the petitioner was given voluntary retirement on July 31, 1992 on the basis of his application dated May 1, 1992.

(2.) THE petitioner's case is that, before the date of voluntary retirement i. e. , July 31, 1992 he submitted application for withdrawal of his previous application, but it was not considered and no order was passed by the Respondent No. 2, it amounts to inaction on the part of the Respondent No. 2. The petitioner was entitled to withdraw his application for voluntary retirement before July 31, 1992. He has placed reliance on the judgment of this Court reported in Brij Mohan v. State of Rajasthan and Ors. 1995 (1) RLR 271.

(3.) ACCORDING to learned counsel for the petitioner, no order was passed by respondent No. 2 on the application of the petitioner dated July 27, 1992 which reached the office of Respondent No. 2 on July 28, 1992.