Rajasthan High Court - Jodhpur
Smt. Basanta Veerwal vs State Of Rajasthan on 3 March, 2022
Bench: Arun Bhansali
(1 of 4) [CW-3035/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3035/2022
Smt. Basanta Veerwal W/o Shri Bheru Lal Veerwal, Aged About
58 Years, Resident Of 11, Bhagat Singh Nagar, Near Chhatriwail
Khan, Senthi, Chittorgarh (Raj.) Mobile - 8764398293 At Present
As Vice Principal Diet, Chittorgarh.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Education Department, Government Secretariat, Jaipur
(Raj.)
2. The Director, Secondary Education Rajasthan Bikaner.
3. The Principal, District Institute Of Education And Training
(Diet), Chittorgarh.
4. Bhuwaneshwar Prasad Bhatt, Principal, District Institute
Of Education And Training (Diet), Chittorgarh.
----Respondents
For Petitioner(s) : Mr. Hukam Singh
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
03/03/2022
This writ petition has been filed by the petitioner aggrieved
against the order dated 03.01.2022 (Annex.2) passed by the
respondents, whereby the application filed by the petitioner
seeking voluntary retirement has been accepted and she has been
ordered to retire w.e.f. 01.03.2022.
It is submitted by learned counsel for the petitioner that
after the order dated 03.01.2022 was passed by the respondents,
the petitioner filed application on 18.01.2022 (Annex.3) seeking to
withdraw the application for voluntary retirement i.e. before the
(2 of 4) [CW-3035/2022]
order came into force w.e.f. 01.03.2022, however, the
respondents have not passed any order on the said application.
Further submissions have been made that the petitioner has
not filled up the requisite affidavit and therefore, on that count
also, as the requisites were not produced by the petitioner, the
application could not have been accepted.
I have considered the submissions made by learned counsel
for the petitioner and have perused the material available on
record.
It is not in dispute that the order dated 03.01.2022
(Annex.2) was passed accepting the application filed by the
petitioner seeking voluntary retirement w.e.f. 01.03.2022. The
petitioner filed the following application (Annex.3) :-
"lsok esa
Jheku f'k{kk ea=h egksn;
jktLFkku ljdkj t;iqj
fo"k;%&LoSfPNd lsokfuo`fr vkns'k izR;kgfjr (withdraw) djus gsrq
egksn; th]
mijksDr fo"k;kUrxZr fuosnu gSs fd eSa izkFkhZ;k clUrk ohjoky
mi iz/kkukpk;Z ¼iz/kkukpk;Z led{k½ orZeku eS ftyk f'k{kk ,oa
izf'k{k.k laLFkku fpRrkSMx<+ eSa dk;Zjr gw¡A esjh Lo;a dh izkFkZuk ij
Jheku funs'kd egksn; ek/;fed f'k{kk jktLFkku chdkusj ds vkns'k
Øekad f'kfojk @ek @laLFkk & AB /A-2 / VRS(III)@LoSfPNd
lsokfuo`[email protected]@52 fnukad 04-01-2022 }kjk fnukad 01-03-2022
ls LoSfPNd lsok fuo`fr Lohd`r gks xbZ gSaA ijUrq esjh ikfjokfjd
ftEesnkfj;ksa ds dkj.k eSa vHkh lsokfuo`fr ugha ysuk pkgrh gw¡A
vr% mDr lsokfuo`fr vkns'k izR;kgfjr (withdraw) djus dh
vuqdEiuk djkosA
layXu& LoSfPNd lsokfuo`fr vkns'k
lknj
fnukad %& 18-01-2022
fuosfndk
Jherh clUrk ohjoky
miiz/kkukpk;kZ
ftyk f'k{kk ,oa izf'k{k.k laLFkku fpRrkSSM+x<+ jktLFkku "
(3 of 4) [CW-3035/2022]
A perusal of the above application would reveal that on the
day of making of the application, the petitioner was aware that her
application has already been accepted on 04.01.2022.
Rule 50(4) of the Rajasthan Civil Services (Pension) Rules,
1996 ('the Rules') reads as under :-
"50(4)- A Government servant, who has
elected to retire under this rule and has given the
necessary notice to that effect to the appointing
authority shall be precluded from withdrawing his
notice except with the specific approval of such
authority. The application for withdrawal of notice of
voluntary retirement shall be presented to the
appointing authority, before issue of the order of
acceptance of voluntary retirement :
Provided that once the request of a Government
servant for voluntary retirement has been accepted
and communicated to him in writing by the appointing
authority, it shall not be open to the Government
servant to withdraw the request of voluntary
retirement."
The proviso of the Rules is very clear that once the request
of a Government servant for voluntary retirement has been
accepted and communicated to him/her by the appointing
authority, it shall not be open to the Government servant to
withdraw the request of voluntary retirement.
In view of the specific provision, the plea raised by the
petitioner seeking to withdraw the voluntary retirement being
contrary to the provisions of the Rules, has rightly not been
accepted.
Reliance has been placed on Devban Goswami v. State of
Rajasthan & Ors. : S.B. Civil Writ Petition No.6043/2005, decided
on 16.04.2007.
(4 of 4) [CW-3035/2022]
The said judgment was passed by the Court when the
provision Rule 50(4) of the Rules was not in existence as the same
was substituted in the year 2016 and as such, the order in the
case of Devban Goswami (supra) has no application to the facts of
the present case.
Consequently, there is no substance in the writ petition, the
same is, therefore, dismissed.
(ARUN BHANSALI),J
211-Rmathur/-
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