1. Heard both sides.

2. The issue lies in a very narrow compass.

3. The petitioner is a Senior Assistant Surgeon in General Medicine in the Government Hospital, Oddanchathiram, Dindigul District. He joined as Assistant Surgeon in the Tamil Nadu Medical Service on 11.12.1991. He applied for voluntary retirement in his letter dated 28.12.2011, which was received by the office of the first respondent on 17.04.2012. The three months notice period expires on 16.07.2012. But his request was rejected by the second respondent by the order dated 04.07.2012 based on the direction issued by the first respondent.

4. The rejection is solely based on G.O.(Ms.)No.408, Health and Family Welfare Department, dated 15.12.2009 on the ground that General Medicine is one of the rare specialties, as per that G.O.. Since the petitioner belongs to rare specialty category, as per the G.O.(Ms.)No.408, his request for voluntary retirement was rejected.

5. Therefore, the issue that arose for consideration is as to whether the voluntary retirement of a Doctor belongs to a rare specialty could be declined based on G.O.(Ms.)No.408, dated 15.12.2009 ?

6. The fundamental Rules 56(3) deals with voluntary