CHHOTE LAL MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner is holder of B.E. (Civil) and initially joined service as Junior Engineer on 12-7-1995 and promoted as Assistant Engineer & also as Executive Engineer and indisputably has completed qualifying service of 15 years on 12-7-2010 and application was submitted by the petitioner seeking voluntary retirement u/R 50(i) of the Rajasthan Pension Rules,1996 ("Rules,1996") addressed to the appointing authority the Principal Secretary, Water Resources Department, Secretariat, Jaipur dated 11-2-2016 to be effective from 1-8-2016 (Annx.1) at the same time also sent his reminder dated 22-2-2016 to the Superintending Engineer with endorsement to the Principal Secretary of the Department that his application seeking voluntary retirement may be sympathetically considered and after the application became effective w.e.f. 1-8-2016 application was filed by him that he stood voluntary retired from service by fiction of law and treating to be a retired person all his retiral dues may be released to which he is entitled for under the law.

(2.) At this stage he came across with the letter of Superintending Engineer dated 27-7-2016 Annx.6 informing that his application seeking voluntary retirement has not been accepted for the reason that a disciplinary enquiry u/R 16 of the CCA Rules,1958 dated 29-1-2016 is pending against him and indisputably no communication was sent to the petitioner from the office of appointing authority to whom application was originally addressed by him and the action of the respondents in holding that his application for voluntary retirement has not been accepted by the authority, according to the petitioner the letter dated 27-7-2016 Annx.6 is not in consonance with R.50(ii) of the Rules,1996 and that compelled him to approach this Court by filing of the instant petition.

(3.) After notices of the present petition came to be served reply has been filed by the respondents and the document dated 27-7-2016 (Annx.6) is their sole defence that the application submitted by the petitioner seeking voluntary retirement to be effective from 1-8-2016 being declined prior to the date seeking voluntary retirement by the authority on 27-7-2016 along with the reason that he is facing departmental enquiry initiated against him u/R 16 of the Rules,1958 dated 29-1-2016, as such the petitioner was not justified in still harping upon his application voluntary retirement became effective from 1-8-2016.