Honble PARIHAR, J.–Petitioner while working as Female Nurse, Gr.-III in the department of Ayurved since 2/4/1962 sought voluntary retirement u/R. 244(1) of the Rajasthan Service Rules, vide application dated 29.11.1994 on the ground of participating in the elections of Zila Parishad. In the application dt. 29.11.1994 the petitioner prayed that she may be retired voluntarily w.e.f. 30.11.1994 and also pra-yed that her pension and gratuity case may be decided as soon as possible. (2). The application of the petitioner was accepted by the respondents vide order dt. 1.12.94 and she was allowed to be retired w.e.f. 2.12.1994. Petitioner contested the elections, however, defeated. Thereafter on 1.2.1995 petitioner submitted an application for withdrawal of her application for voluntary retirement.Since the same was not accepted, the petitioner filed this writ petition with the prayer that respondents be directed to reinstate the petitioner on the post from which she was retired and also quash the order dt. 1.12.1994 by which her application for voluntary retirement was accepted. (3). Counsel for the petitioner has submitted that u/R. 244(1) of R.S.R. a Govt.servant can always withdraw his notice of seeking voluntary retirement. His other submission is that order dt. 1.12.1994 was illegal and in violation of provisions of Rules. The Government should not have accepted the application of the petitioner for want of proper notice and further, while retiring the petitioner the mandatory notice of three months was not given to the petitioner. (4). In my opinion, the submission made by counsel for the petitioner are wholly misconceived and untenable. (5). Admittedly, hte petitioner sought voluntary retirement w.e.f. 2.12.1994 for contesting the election and the same was accepted by the Govt. on 1.12.1994. The petitioner could not have raised any objection to the order dt. 1.12.1994 becauseotherwise the petitioner could not have contested the elections. It was only after her defeat in election that she filed an application on 1.2.1995 for withdrawing her voluntary retirement. (6). The application of the petitioner for withdrawing application for voluntary retirement could not also be accepted because u/R. 244(i)(f) of R.S.R. a Govt. ser-vant may, with the approval of the Appointing Authority, withdraw the notice given under Clause (a) of this sub-rule provided the request for such withdrawal is made before the expiry of the notice. (6). The application of the petitioner for withdrawing application for voluntary retirement could not also be accepted because u/R. 244(i)(f) of R.S.R. a Govt. ser-vant may, with the approval of the Appointing Authority, withdraw the notice given under Clause (a) of this sub-rule provided the request for such withdrawal is made before the expiry of the notice. The reliance of the counsel for petitioner on this Clause does not help the petitioner at all because a notice was given for acceptance of the application w.e.f. 30th of November, 1994 itself. It was only after expiry ofthat period that the application was accepted on 1.12.1994. (7). Counsel for the petitioner has relied upon judgment of this Court in the case of Brij Mohan Sharma vs. State of Rajasthan (1). However, the judgment, cited by the counsel for the petitioner, is not applicable in the facts and circumstances of the present case because in that case the application for withdrawal was submitted prior to expiry of the period of notice and under that circumstance it was held that even if the application is accepted, the employee can withdraw the notice before expiry of its period. (8). Accordingly, I find no merit in the writ petition and the same is hereby dismissed.