RAJ KUMARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner while working as Female Nurse, Gr.-III in the department of Ayurved since 2.4.1962 sought voluntary retirement u/R. 244(1) of the Rajasthan Service Rules, vide application dated 29.11.1994 on the ground of participating in the elections of Zila Parishad. In the application dated 29.11.1994 the petitioner prayed that she may be retired voluntarily w.e.f. 30.11.1994 and also prayed that her pension and gratuity case may be decided as soon as possible.

(2.) The application of the petitioner was accepted by the respondents vide order dated 1.12.94 and she was allowed to be retired w.e.f. 2.12.1994. Petitioner contested the elections, however, defeated. Thereafter on 1.2.1995 petitioner submitted an application for withdrawal of her application for voluntary retirement. Since the same was not accepted, the petitioner filed this writ petition with the prayer that respondents be directed to reinstate the petitioner on the post from which she was retired and also quash the order dated 1.12.1994 by which her application for voluntary retirement was accepted.

(3.) Counsel for the petitioner has submitted that u/R. 244(1) of R.S.R. a Govt. servant can always withdraw his notice of seeking voluntary retirement. His other submission is that order dated 1.12.1994 was illegal and in violation of provisions of Rules. The Government should not have accepted the application of the petitioner for want of proper notice and further, while retiring the petitioner the mandatory notice of three months was not given to the petitioner.