Order

1. Learned counsel for the parties are ad idem that controversy involved in present case is covered by judgment dated 18.02.2026 passed by this Court in S.B. Civil Writ Petition No. 15026/2025 titled Deva Ram Godara v. State of Rajasthan & Ors., which was passed while taking into account judgment dated 20.03.2025 passed by Hon,ble Division Bench of this Court in D.B. C.W.P. No. 737/2023 titled Bhikam Chand v. State of Rajasthan & Ors.

2. Relevant part of judgment dated 18.02.2026 is quoted below:-

“7. This Court also takes into consideration the judgment passed by the Hon’ble Division Bench of this Court vide order dated 20.03.2025 in the case of Bhikam Chand (supra). The relevant paras of the said judgment is reproduced hereunder:

“42. On the basis of aforesaid analysis, we are inclined to read down proviso to sub-rule (4) of Rule 50 of the Rajasthan Civil Services (Pension) Rules, 1996 in the manner that even after acceptance of application for voluntary retirement and communication thereof, if an application for withdrawal of voluntary retirement is made prior to the effective date of retirement, the application will have to be considered on its own merits as also on consideration of administrative inconvenience and application for voluntary retirement may be permitted to be withdrawn in appropriate case with the prior approval of the appointing authority. Merely because, application for voluntary retirement was accepted and decision thereof communicated, the application for withdrawal of voluntary retirement should not be rejected at the threshold without application of mind to the relevant aspects of administrative inconvenience. It goes without saying that once the effective date of voluntary retirement arrives at without any application for withdrawal of voluntary retirement having been made, voluntary retirement would become effective and no prayer for withdrawal of voluntary retirement would be considered under any circumstances.

43. Writ petition is, accordingly, allowed. Order passed by the appointing authority rejecting application for withdrawal of prayer of voluntary retirement is set aside. Case is remanded back to the appointing authority for due and proper consideration of the application for withdrawal of voluntary retirement. However, in the event, the appointing authority decides not to grant approval to the application for withdrawal of voluntary retirement, the order must speak the reasons referable to administrative inconvenience as on the date of submission of application for withdrawal of the prayer for voluntary retirement.”

8. Taking into consideration the judgment passed by the Hon’ble Division Bench in the case of Bhikam Chand v. State of Rajasthan & Ors., D.B. Civil Writ Petition No. 737/2023,wherein sub-rule (4) of Rule 50 of the Rules of 1996 was read down, this Court finds that the petitioner duly submitted an application seeking withdrawal of voluntary retirement prior to the effective date of retirement, as the application was filed on 30.07.2025 and the effective date of retirement is 31.07.2025.The application dated 30.07.2025 for withdrawal is still pending consideration and has not yet been decided by the respondent. Even if the respondent has accepted the application for voluntary retirement, the respondents were required to consider the application for withdrawal of voluntary retirement on its own merits, including consideration of administrative inconvenience. However, the respondent has failed to do so.

12. Collectively, these decisions lay down the settled principle that a notice of voluntary retirement can be withdrawn at any time before it becomes operative, and acceptance by the employer does not by itself terminate the service relationship prior to the effective date.

13.The petitioner had submitted application for withdrawal of voluntary retirement from service on 30.07.2025, which the respondents accepted vide order dated 30.07.2025 i.e. on the same date. However, the