DAULAT RAM Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THE petitioner, while holding the post of Head Constable in Rajasthan Police (MBC), submitted an application dt. 18.01.2002 seeking voluntary retirement from service w.e.f. 30.04.2002 as per the provisions of R.50(1) of the Rajasthan Civil Services (Pension) Rules, 1996 (hereinafter referred to as "the Rules of 1996"). The Commandant, MBC, Kherwara, by an order dt. 02.02.2002 conveyed acceptance of the application dt. 18.01.2002 for voluntary retirement of the petitioner w.e.f. 30.04.2002. After acceptance of the request for voluntary retirement the petitioner submitted an application dt. 01.04.2002 intending to withdraw the request for voluntary retirement, however, the same was refused by the Commandant, MBC, Kherwara on 05.04.2002. Being aggrieved by the same, this petition for writ is preferred.

(2.) THE contention of learned Counsel for the petitioner is that the petitioner before coming into force retirement from service w.e.f. 30.04.2002 made an application for withdrawing request for voluntary retirement, therefore, no reason was available with the respondents to deny withdrawal of the request for voluntary retirement.

(3.) HEARD counsel for the parties.