[2026:RJ-JP:3653] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14532/2018 Suman Yadav W/o Shri Manoj Kumar Yadav, R/o RZ 1,2,3, Gali No. 3-4, Pankha Road, Raghu Nagar, Dabri, Near Shri Ram Hospital, New Delhi-110045 ----Petitioner Versus 1. State Of Rajasthan Through Secretary, Department Of Secondary Education And Bhasha, Government Secretariat, Jaipur 2. Directorate Of Secondary Education, Rajasthan Through Its Director, Directorate Of Secondary Education, Rajasthan, Bikaner-334001 3. District Education Officer, Alwar-II 4. Shri Raghuveer Singh, (By Name) Principal, Government Senior Secondary School, Mandhan, Tehsil Neemrana, District Alwar -301704 (Rajasthan) ----Respondents For Petitioner(s) : Mr. Raghunandan Sharma Mr. Abhinav Shrivastav Ms. Kritika Rajawat Mr. Ayush Bishnoi Ms. Manasvita Sharma For Respondent(s) : Mr. Devansh Sharma, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 27/01/2026 1. The instant writ petition is preferred by the petitioner with the following prayers:- “It is, therefore, most respectfully prayed that this Hon'ble Court may be kindly be pleased to accept and allow the present writ petition of the petitioner in the Interest of justice and issue a writ in the nature of mandamus directing the respondent-department to allow the application made by the petitioner seeking voluntary [2026:RJ-JP:3653] (2 of 6) [CW-14532/2018] retirement from service from the post of Teacher, Government Senior Secondary School, Mandhan, Tehsil Neemrana, District Alwar; It is prayed that this Hon'ble Court may also direct the respondent-department to extend all benefits to the petitioner in accordance with the Rules applicable to the case of the petitioner in view of granting voluntary retirement to the petitioner; It is further prayed that this Hon'ble be pleased to pass such other order(s) or direction(s), as this Hon’ble Court may deem just, necessary and expedient and in the interest of justice, in the facts and circumstances of the case in favour of the petitioner; and It is also that this Hon’ble Court may kindly be pleased to award costs of these proceedings in favour of the Petitioner and against the Respondents.” 2. During course of arguments, learned counsel for the petitioner submits that the petitioner has submitted an application for Voluntary Retirement (VRS) and same has not been accepted by the respondents. He also referred Rule 50 of the Rajasthan Civil Services (Pension) Rules, 1996 and submitted that if no decision has been taken on an application within 90 days, then after expiry of 90 days, the application for VRS is deemed to be accepted. He also submits that the respondents may be directed to issue order upon her VRS application from the date when she has submitted the application to the respondents. 3. Learned counsel for the respondents submits that he has sought instructions from the Department so as to resolve the issue, and after instructions, submits that if petitioner submits a fresh application in requisite form, then the Department will issue necessary orders regarding acceptance of VRS from the date from which the petitioner has sought VRS on earlier occasion. [2026:RJ-JP:3653] (3 of 6) [CW-14532/2018] 4. Heard learned counsel for the parties and perused the material placed on record. 5. For ready reference, we are reproducing Rule 50 of the Pension Rules, 1996 and Government decision as under:- Rule 50. Retirement on completion of 15 years’ qualifying Service:- (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." (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 DECISION Guidelines for acceptance of notice. - A notice of voluntary retirement given after completion of 2"fifteen years" 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; [2026:RJ-JP:3653] (4 of 6) [CW-14532/2018] (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 DECISION In 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. The application for withdrawal of notice of voluntary retirement shall be presented to the appointing authority, before issue of the order of acceptance of voluntary retirement; Provided that once the request of a Government servant for voluntary retirement has been accepted and communicated to him in writing by the appointing authority, it shall not be open to the Government servant to withdraw the request of voluntary retirement.] (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 rccning immediately before the date of retirement, and the increase not exceeding five years in his qualifying service under rule 51 shall not entitled 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. [2026:RJ-JP:3653] (5 of 6) [CW-14532/2018] 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 sub0-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.] 6. The legal position about voluntary retirement is considered by a three Judge Bench of Hon’ble Supreme Court in case of Dinesh Chand Sangma Vs. State of Assam (1977) 4 SCC 441 and further considered in case of State of Haryana and Ors. Vs. S.K. Singhal (1999) 4 SCC 293 by a two-Judge Bench of Hon’ble Supreme Court. 7. In case of State of Haryana and Ors. Vs. S.K. Singhal (supra) Hon’ble Supreme Court has referred two judgments decided by a three-Judge Bench of Hon’ble Supreme Court; firstly in case of Dinesh Chand Sangma Vs. State of Assam (supra) and secondly in case of B.J. Shelat Vs. State of Gujarat (1978) 2 SCC 202 and followed in case of Union of India Vs. Sayed Muzaffar Mir 1995 Supp. (1) SCC 76. 8. Herein this case, the Rule 50 clearly provides that if no decision has been taken within a period of notice of three months as prescribed under the Rule 50(1), then the voluntary retirement will be automatic and the ratio laid down in case of Dinesh Chand Sangma Vs. State of Assam (supra), B.J. Shelat Vs. State of Gujarat (supra) and Union of India Vs. Sayed Muzaffar Mir (supra) are applicable, upon facts of the case. [2026:RJ-JP:3653] (6 of 6) [CW-14532/2018] 9. Having considered the submissions and also the material placed on record, the instant writ petition is disposed in following terms:- (I) The petitioner shall submit a fresh application for VRS in the prescribed form to the respondents within a period of 30 days from today. (ii) The respondents shall consider and pass an appropriate order of acceptance of voluntary retirement from the date from which the petitioner has initially sought VRS, or from expiry of 90 days from the date of submission of application dated 13.11.2017, whichever is applicable upon the facts of the case. (iii) All requisite formalities be completed by the respondents within 90 days from the date of receipt of order. 10. Instant writ petition and misc. Application, if any, also stand disposed. (ASHOK KUMAR JAIN),J MR/15