[2025:RJ-JP:30455] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3163/2001 Dr. Umesh Kumar Bhargava S/o Shri P.N. Bhargava, aged about 57 years and 10 months, resident of SB-16, Bhawani Singh Road, Bapu Nagar, Jaipur. ----Petitioner Versus 1. The State of Rajasthan through Secretary to the Government, Medical and Health Department, Govt. of Rajasthan, Secretariat, Jaipur. 2. Director, Medical and Health Services, Rajasthan, Jaipur. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Prakhar Jain on behalf of Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ANAND SHARMA Order 07/08/2025 1. By way of filing the instant writ petition, the petitioner has challenged order dated 09.02.2001 whereby, application for grant of voluntary retirement filed by the petitioner was allowed and he was retired from the services of respondents-Department. 2. It has been contended in the writ petition that the petitioner was initially appointed as Civil Assistant Surgeon (CAS) vide order dated 18.01.1971 and was later promoted on higher post and even upto the post of Senior Specialist (Medicine) in the year 1991. After rendering services for more than 20 years, he submitted an application dated 01.01.2001 to the appointing authority for granting him benefit of voluntary retirement with effect from 31.03.2001. [2025:RJ-JP:30455] (2 of 3) [CW-3163/2001] 3. It has been averred that much before the date on which the voluntary retirement was sought to be given effect by the petitioner, he submitted another application dated 12.02.2001 for withdrawing his earlier application and for not granting him voluntary retirement and to allow him to superannuate. However, the same has not been ignored and vide order dated 09.02.2001, voluntary retirement has been granted by the respondents, which is causing grave prejudice and miscarriage of justice to the petitioner as his original date of retirement was 31.08.2001. 4. Learned counsel appearing for the respondents would submit that the application for seeking voluntary retirement dated 01.01.2001 submitted by the petitioner was considered in accordance with the Rules and the same was allowed vide order dated 09.02.2001 whereby, the petitioner was retired with effect from 31.03.2001. After passing of such order dated 09.02.2001, as an after thought, application dated 12.02.2001 was submitted by the petitioner for withdrawing his application for voluntary retirement. However, there is no provision to withdraw the same once it has been granted. Hence, he prayed for dismissing the writ petition. 5. I have considered the submissions made by learned counsel for the respondents and examined the record. 6. It is an admitted fact that application for withdrawing the earlier request of voluntary retirement was submitted by the petitioner after granting of voluntary retirement vide order dated 09.02.2001. Such application for voluntary retirement can be withdrawn, but only before sanction of voluntary retirement by the respondents-Department. Since, the application dated 12.02.2001 [2025:RJ-JP:30455] (3 of 3) [CW-3163/2001] was filed by the petitioner after sanction of voluntary retirement vide order dated 09.02.2001, therefore, the respondents- Department has committed no mistake whatsoever in not entertaining the request for withdrawal of application of voluntary retirement. Hence, I do not find any error in the action of the respondents-Department. 7. Resultantly, the instant writ petition filed by the petitioner is hereby dismissed. (ANAND SHARMA),J DIVYA /3