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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.