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Judgment
I.A. No.1993/2017.
The petitioner has filed the present application seeking
preponement of the date.
Heard learned counsel for the parties.
I.A. No.1993/2017 is allowed.
For the reasons stated and looking to the nature of the
controversy the matter is taken up for consideration today itself.
By way of present writ petition, petitioner has sought
quashment for the order dated 29.07.2016, whereby the
respondents have rejected petitioner''s application seeking
voluntarily retirement.
Counsel for the parties are in agreement that issue in
question is squarely covered by a decision dated 16.12.2014
rendered by this Court In S.B. Civil Writ Petition No.4526/2014
( Dr. Kalpana Singh vs. The State of Rajasthan & Ors ., wherein this
Court has held that the application for voluntarily retirement
cannot be refused except for the breach of condition under Rule
50(1) of the Rajasthan Civil Services (Pension Rules), 1996.
Following the aforesaid decision the present writ petition is
also allowed and the order dated 29.07.2016 refusing the
petitioner''s application for voluntarily retirement is quashed and
set aside.
The petitioner''s application seeking voluntarily retirement
from service dated 31.03.2016 shall stand allowed and the
petitioner shall be retired from services w.e.f fore-noon of 30 th
April, 2017.
The respondent shall pay all retiral benefits and other
emoluments to the petitioner, in accordance with law. However,
the payment relating to petitioner''s leave, shall be subject to the
outcome of another writ petition bearing No.1661/2011 filed by
the petitioner.