Section 50 in Rajasthan Civil Services (Pension) Rules, 1996
50. [ Retirement on completion of 15 years' qualifying Service. [The existing sub-rule (1) of Rules 50 substituted vide FD Notification No.F.15(3)FD(Rules)/99 dated 1.12.1999.]
(1)At any time after a Government servant has completed fifteen years qualifying service, he may, by giving notice of not less than three months in writing to the appointing authority, retire from service.] [Substituted by Notification No. G.S.R. 111A, dated 12.9.2008 (w.e.f. 18.9.1996).](2)The notice of voluntary retirement given under sub rule (1) shall require acceptance by the appointing authority:Provided that where the appointing authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall automatically become effective from the date of expiry of the said period.Government of Rajasthan's DecisionGuidelines for acceptance of notice. - A notice of voluntary retirement given after completion of [fifteen years] [The existing words 'twenty years' substituted vide FD Notification No.F.15(3)FD(Rules)/99 dated 1.12.1999.] qualifying service will require acceptance by the appointing authority. Such acceptance may be generally given in all cases except that the Appointing Authority shall withhold permission to retire a Government servant:(i)who is under suspension;(ii)in whose case the disciplinary proceedings are pending or contemplated for the imposition of a major penalty and the disciplinary authority having regard to the circumstances of the case, is of the view that such disciplinary proceedings might result in imposition of the penalty of removal or dismissal from service;(iii)in whose case prosecution is contemplated or may have been launched in a court of law.In such cases, if it is proposed to accept the notice of voluntary retirement approval of the Government should be obtained. Even where the notice of voluntary retirement given by the Government servant requires acceptance by the appointing authority, the Government servant giving notice may presume acceptance and the retirement shall be effective in terms of the notice unless the competent authority issues an order to the contrary before the expiry of the period of notice.(3)(a)A Government servant referred to in sub rule (1) may make a request in writing to the appointing authority to accept notice of voluntary retirement of less than three months giving reasons thereof;(b)On receipt of a request under clause (a), the appointing authority subject to the provisions of sub rule (2), may consider such request for the curtailment of the period of notice of three months on merits and if it is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience, the appointing authority may relax the requirement of notice of three months.Government of Rajasthan's DecisionIn case a Government servant seeks voluntary retirement under rule 50 (1) of Rajasthan Civil Services (Pension) Rules, 1996, with a view to contest any election to Parliament/State Assembly/Municipalities/Panchayati Raj Institutions, he may be retired by the competent authority under rule 50 of RCS (Pension) Rules immediately without prejudice to the right of Government going into the genuineness of the reasons and verification of the qualifying service rendered, and the period of notice prescribed under rule 50 (1) of Rajasthan Civil Service (Pension) Rules shall in such cases be deemed to have been waived as a matter of course.(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:Provided that the request for withdrawal shall be made before the intended date of his retirement.Government of Rajasthan's DecisionWithdrawal of notice of retirement not ordinarily permissible. - A question has been raised whether a Government servant who has given to the appropriate authority, notice of retirement has any right subsequently (but during the currency of the notice) to withdraw the same and return to duty. The question has been considered carefully and the conclusion reached is that the Government servant has no such rights. There would, however, be no objection to permission being given to such a Government servant, on consideration of the circumstances of his case, to withdraw the notice given by him, but ordinarily such permission should not be granted unless he is in a position to show that there has been a material change in the circumstances in consideration of which the notice was originally given.(5)The pension and retirement gratuity of the Government servant retiring under this rule shall be based on the emoluments as defined under rule 45 of Rajasthan Civil Services (Pension) Rules, 1996, which the Government servant was receiving immediately before the date of retirement, and the increase not exceeding five years in his qualifying service under rule 51 shall not entitle him to any notional fixation of pay for purposes of calculating pension and gratuity.(6)This rule shall not apply to a Government servant who retires from Government service for being absorbed permanently in an autonomous body or a public sector undertaking to which he is on deputation at the time of seeking voluntary retirement.Explanation. - For the purpose of this rule, the expression "appointing authority" shall mean the authority which is competent to make appointments to the service or post from which the Government servant seeks voluntary retirement.(7)If a Government servant seeks retirement under this rule while he is on leave not due, without returning to duty, the retirement, shall take effect from the date of commencement of the leave not due and the leave salary paid in respect of such leave shall be recovered from him.(8)[ A Government servant who gives notice of voluntary retirement under sub rule (1) of rule 50 shall satisfy himself by means of a reference to the appointing authority who is competent to retire him to the effect that he has, in fact, completed 15 years qualifying service for pension.] [The existing sub-rule (8) of Rules 50 substituted vide FD Notification No.F.15(3)FD(Rules)/99 dated 1.12.1999.]
