1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.6686/2006. : : Gajendra Singh Vs. State of Rajasthan & Ors. : : Date of Order 20.8.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Bharat Yadav for the petitioner. Mr.Shyam Sunder Sharma, Govt.Counsel for the State. This writ petition has been filed with the grievance that the petitioner who has substantially appointed as Munshi with the Office of Assistant Engineer, Irrigation Department, Sub Division, Sawai Madhopur applied for voluntary retirement vide his application dated 27.4.2005, but at the relevant time the petitioner was on deputation in Panchayat Samit. The application of the petitioner was sent by the Block Development Officer with his letter dated 31.3.205 to the Assistant Engineer. It is submitted that respondents have not so far been taken a decision and a prayer has been made that respondents be directed to accept the application of the petitioner and grant him retiral benefits and pension as per the rules. Though the notice of the writ petition was served on the respondents far back in April, 2 2007 and respondents have also been appeared through their counsel. The fact of the case that when nothing is shown why the application of the petitioner who wants to retire voluntarily has not been accepted. The petitioner was initially appointed on 15.9.1977 and accordingly he has completed the requisite period of service which entitles him for voluntary retirement, therefore, this writ petition is required to be allowed. In the result, this writ petition is allowed with the direction to the respondents Nos.3 & 4 i.e. Executive Engineer, Department of Irrigation, Jaipur and Assistant Engineer, Department of Irrigation, Sub Division, Sawai Madhopur respectively to decide the application of the petitioner for voluntary retirement and accept the same, if no disciplinary proceeding is pending against the petitioner, and release all his retiral dues. In case further it is decided to not to permit the petitioner for the aforesaid reasons, communicate to him such decision with reasons. Compliance of the judgment be made within a period of two months from the date certified copy of the judgment is produced before the respondents. (MOHAMMAD RAFIQ)J. A.Arora/-Item No.15. 3