Honble JHA, CJ. – The State of Rajasthan has come in appeal against the decision of the learned Single Judge dated 29.5.97 allowing the writ petition of respondent No. 1 R.P. Agrawal with a direction to the appellant and respondents Nos. 2 and 3 herein to treat him as having voluntarily retired with effect from 30.9.94 and to grant/sanction all consequential retiral benefits to him.

(2). Brief facts of the case so far as relevant to dispose of this appeal are that respondent No. 1 who was holding the post of Technical Advisor in the State Enterprises Department of the State Government, sought voluntary retirement with effect from 30.9.1994 by giving notice to that effect on 2.6.94. He was informed vide letters dated 20.6.94 and 6.7.94 that his request was under consideration but no decision in the matter was communicated. On 30.9.94 he relinquished the charge of the post. Later, on 25.3.95 he was served with a charge-sheet in respect of a departmental proceeding under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (in short `CCA Rules). Two more charge-sheets were issued respectively on 26.4.96 and 15.11.96. As the retiral dues were not being finalised, presumably on account of initiation of the departmental proceedings, the respondent approached this Court seeking direction to respondent Nos. 2 and 3 to pay him retiral benefits.

(3). The question which in the facts and circumstances arose for consideration before the learned Single Judge was whether by reason of his offer of voluntary retirement with effect from 30.9.94, the employer-employee relationship came to an end on that date and, therefore, whether any departmental proceeding could be initiated against him and on that ground his retiral dues could be withheld. The learned Single Judge held that in terms of rule 244 of the Rajasthan Service Rules, 1951 the respondent stood voluntarily retired on expiry of the notice period on 30.9.94 and he could not be denied his retiral dues.

(4). Appearing for the appellant Shri Mohd. Rafiq, learned Addl. Advocate General, submitted that the notice dated 2.6.94 was merely an offer of voluntary retirement from service and until and unless the offer was accepted by the Government, it could not be said that it took effect automatically on expiry of the notice period and inasmuch as no decision was communicated to the respondent accepting his offer of voluntary retirement, he cannot be deemed to have retired from service on 30.9.94.

(5). Rule 244 of the Rajasthan Service Rules, 1951 provides for voluntary retirement from government service. So far as relevant, the rule runs as under: –

``244(1). Optional Retirement on Completion of 20 years qualifying service. – (a) A Government servant may, after giving at least 3 months previous notice in writing to the Appointing Authority, retire from service on the date on which he completes 20 years of qualifying service or attains the age of 45 years whichever is earlier or any date thereafter to be specified in the notice:

Provided that it shall be open to the Appointing Authority to with-hold permission to retire a Government servant:

(i) who is under suspension;

(ii) in whose case 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 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;

(b) A Government servant who has given notice for seeking retirement under clause (a) of this sub-rule, may presume acceptance of the notice of retirement and the retirement shall be effective in terms of the notice automatically unless an order in writing to the contrary has been issued by the Competent Autho

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