Heard the parties.

2. It is admitted to the parties that the petitioner who had been working as a clerk in the respondents Department filed an application for seeking voluntary retirement vide application dated 13.12.2001 and it was addressed to the Regional Director of the respondents Department which was forwarded by the Department of the respondents to the appointing authority. The said application contained the communication that the petitioner entails to seek voluntary retirement with effect from 31st March, 2002 after three months of the notice. It is also admitted that no communication for the rejection of the said request was received by the petitioner within stipulated period. On 16.5.2002, a communication was received by the petitioner by which his application seeking voluntary retirement was rejected and he was asked to join his duties and he preferred the writ petition. During the pendency of the writ petition, he was suspended and the departmental proceedings were initiated against him and punishment was awarded.

3. The moot question for consideration arises as to what is the true impact and purport and the scope of Rule 74(b) of *Bihar Pension Rules and the Circular dated 27.4.1979 issued by the Government of Bihar as to whether the voluntary retirement sought by the employee becomes effective on expiry of the period of notice served to the employee or any order of acceptance is a condition precedent for giving effect to the request of the employee. Before entering into the discussion I would like to refer the relevant provisions of Rule 74 of *Bihar Pension Rules quoted as under:

"74. (a) The State Government may require any Government servant who has completed twenty one years of duty and twenty-five years of total service calculated from the date of his first appointment to retire from Government service, if it considers that his efficiency or conduct is not such as to justify his retention in service. Whether any Government servant is so required to retire not claim to any special compensation shall be entertained.

(b) (i) Notwithstanding anything contained in the preceding sub-rule a Government servant may, after giving at least three months previous notice, in writing, to the appointing authority concerned retire from service on the date on which such a Government servant completes thirty years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice:

Provided that no Government servant under suspension shall retire from service except with the specific approval of the State Government]

[Provided further that in case of the officers and servants of the Patna High Court (including those of Circuit Bench at Ranchi) under the rule making authority of the Chief Justice, no such officer and servant under suspension shall retire from service except with the specific approval of the Chief Justice.

[(ii) The appointing authority concerned may after giving a Government servant at least three month's pay and allowance in lieu of such notice, require him in public interest, to retire from service on the date on which such a Government servant completes thirty years of qualifying service or attains fifty years of age or on any date there after to be specified in the notice.

[(iii) A Government servant who retires voluntarily is required to retire in public interest under this rule on attaining the age of 50 years, or completing qualifying service of 30 years, shall be entitled to retiring pension and death-cum-retirement gratuity."

4. The Circular dated 27.4.1979 which has been issued by the Government under/ appended to Rule 74 of the Pension Rules which reads as follows: -

1. A Government servant whose qualifying service is not less than 20 years can take retirement by giving three months prior notice to the competent appointing authority.

This scheme is completely voluntary in which the Government servant has himself to initiate and the Government has no alternative to re