[2026:RJ-JD:9043]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15026/2025 Deva Ram Godara S/o Varinga Ram, Aged About 49 Years, R/o Parava, Tehsil Chitalwana, District Jalore, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary, Department Of Police, Govt. Of Rajasthan, Secretariat, Jaipur.

2. Superintendent Of Police, District Jalore.

3. Station House Officer, Police Station Bhinmal, District Jalore.

----Respondents For Petitioner(s) : Mr. Ashok Choudhary with Mr. Shaitan Singh and Mr. S.S. Gour for Mr. R.S. Choudhary.

For Respondent(s) : Mr. Ritu Raj Singh Bhati, G.C.

HON'BLE DR. JUSTICE NUPUR BHATI

O R D E R

18/02/2026

1. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India claiming following relief(s):

“xxxxx (i) The impugned order of voluntary retirement dated 30.07.2025 (Annx.3) & 31.07.2025 (Ann.4) passed by respondent no. 2 is highly illegal, arbitrary, unjust and same may kindly be quashed and set aside.

(ii) The respondent No.2 may kindly be directed to take the petitioner on duty as he was working on the post of ASI before 31.07.2025.

(iii) The respondent No.2 may further be directed to reinstate the petitioner with all consequential benefits.

xxxxx”

2. Brief facts of the case are that the petitioner was initially appointed as a Constable on 20.12.1996 and, over the course of nearly three decades of unblemished service, earned successive promotions: first to the post of Head Constable against the vacancy of the year 2013–14 and thereafter to Assistant Sub- Inspector against the vacancy of the year 2022–23. Throughout his tenure in the respondent Department, his service record remained spotless; no complaint or adverse remark was ever recorded against him. His career, thus, stands marked by dedication and integrity.

2.1. It is borne out from the record that the petitioner was suffering from a minor stomach ailment, namely acidity and gastric discomfort, for which he was undergoing treatment at the Government Hospital, Sanchore. In a moment of physical distress and mental agitation, without deliberation or consultation with his family members or colleagues, he submitted an application dated 25.07.2025 to the Superintendent of Police, Jalore, through the SHO, Police Station Bhinmal, seeking voluntary retirement. The application was moved in haste and without due reflection.

2.2. Shortly thereafter, upon discussing the matter with his family members (who were neither dependent on him due to illness nor in favour of his premature retirement) the petitioner realised the impropriety of his impulsive decision. Being 49 years of age and not afflicted with any serious or incapacitating medical condition, he found no justifiable reason to discontinue service. Consequently, on 30.07.2025, he submitted an application seeking withdrawal of his earlier request for voluntary retirement. The said withdrawal application was duly forwarded on the same day by the SHO, Police Station Bhinmal, vide Letter No. 2662.

2.3. However, in undue haste, the Superintendent of Police, Jalore, proceeded to accept the petitioner’s request for voluntary retirement vide order dated 30.07.2025, directing that he be relieved from service with effect from 31.07.2025. The acceptance was accorded within a span of merely five days from the date of the original application and on the very same day on which the withdrawal request was submitted, without adverting to the mandate of Rule 50 of the Rajasthan Civil Services (Pension) Rules, 1996, which contemplates a notice period of not less than three months and preserves the authority’s discretion in accordance with sub-rule (3).

2.4. Pursuant to the said order, an entry was made in the Roznamcha (General Diary) by the SHO, Police Station Bhinmal, and the petitioner was relieved from service with effect from 31.07.2025 and being aggrieved thereof, the instant writ petition has been filed.

2.5. Prima facie, the action of