[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 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.

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 RAJAST