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S.B.CIVIL WRIT PETITION NO. 5454/2014 PETITIONER:

Yogendra Kumar Sharma son of late Shri Babu Ram Sharma, aged 43 years, resident of 14/262-263, Chopasni Housing Board, Jodhpur, last employed post of Constable 269 CID (CB), O/O Addl. SP Vigilance, Jodhpur Discom, Old Power House, Jodhpur.
Vs. RESPONDENTS:
1. State of Rajasthan through Secretary to Govt. of Rajasthan, Home Department, Jaipur.
2. Additional Director General of Police (CID/CB), Rajasthan, Jaipur.
3. The Superintendent of Police (Administration and PRC), CID (CB), Rajasthan, Police Headquarter, Jaipur.
Date of order : 29th Nov. , 2016 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr. J.K.Kaushik, for the petitioner. Mr. Anil Bissa, AGC, for the respondents.

<><><> The petitioner Yogendra Kumar Sharma has approached this Court by way of the instant writ petition seeking a direction to the respondents to deem him voluntarily retired from service w.e.f. 9.6.2014 and to forthwith release pension and other retiral benefits to the petitioner with arrears and interest.

Facts essential and germane for the sake of disposal of the writ petition are narrated hereinbelow:-

The petitioner was initially inducted in the Police Department as Constable on 13.2.1992. He was confirmed in service w.e.f. 13.2.1994. His services were transferred to CID (CB) and he was posted at the office of Addl. S.P. Vigilance, Jodhpur Discom. Upon completing about 22 years of service, the petitioner served a notice of three months seeking voluntary retirement vide letter dated 10.3.2014 addressed to his appointing authority, the Superintendent of Police (Administration & PRC), CID (CB), Jaipur. The request letter was received in the office on 10.3.2014. However, the respondents appear not to have taken cognizance thereof within the statutory period of three months as provided in Rule 50(1)(2) of the Rajasthan Civil Service (Pension) Rules, 1996 (hereinafter referred to as the Rules of 1996). The petitioner submitted an application and demitted office on 10.6.2014. He was served with a letter dated 18.6.2014 requiring him to furnish a fresh application clearly specifying the date from which he sought voluntary retirement. The petitioner replied to the said communication by letter dated 4.7.2014 wherein he took a specific stand that the application for voluntary retirement was served in the office of Disciplinary Authority on 10.3.2014 with the clear stipulation that the petitioner was seeking voluntary retirement after completion of period of three months from the date of the application and thus, there was no need to give any fresh application in this regard. Despite these communications being exchanged, the respondents till date appear not to have responded to the notice of voluntary retirement dated 10.3.2014 served by the petitioner in accordance with Rule 50(1)(2) of the Rules of 1996. Being aggrieved, the petitioner has approached this Court by way of the instant writ petition.