JUDGMENT 1. 1. The appellant was initially appointed on the post of Nurse on 10.5.1971. There might be certain disciplinary proceedings pending against her during the tenure of her service, however, the appellant submitted her resignation on 9.8.1995 to contest the election to Municipal Council. The resignation of the appellant was accepted by the competent authority vide order dated 2.11.1995 from the date she had been absent from duty. It appears that after submitting the application for resignation, the services of the appellant also came to be terminated vide order dated 16.8.1995. 2. After losing the elections the appellant filed a writ petition before this court challenging the order of dismissal dated 16.8.1995 with a further prayer for treating her resignation as application for voluntary retirement. Reliance was also placed on a decision taken by the State Government under Rule 244(1) of the Rajasthan Service Rules by which the resignation tendered by the Government servants for contesting the election to the local bodies could be treated as application for voluntary retirement subsequently. 3. The learned Single Judge while heavily relying on the disciplinary proceedings pending against the appellant held that the appellant was not entitled to seek voluntary retirement. It has also been held that the decision taken by the State Government as relied upon by the appellant was only one time arrangement for a particular period and no benefit could be given to the appellant. 4. After hearing learned counsel for the parties we have carefully gone through the record. Once, the resignation has been accepted by the competent authority without any condition, the earlier disciplinary proceedings or actions have no relevance at all. Under the provisions of the relevant Rules, the State Government could have refused to accept the resignation in view of the disciplinary proceedings against the appellant or even the punishment if any at the relevant time. That not being so, it can safely be presumed that State Government had dropped all the earlier proceedings against the appellant while accepting her resignation. A bare reading of the decision taken by the State Government as relied upon by the appellant and reproduced by the learned Single Judge, would show that it was applicable to all the Government servants and no cut off date as such was mentioned in the decision. A bare reading of the decision taken by the State Government as relied upon by the appellant and reproduced by the learned Single Judge, would show that it was applicable to all the Government servants and no cut off date as such was mentioned in the decision. Even the respondents have not been able to produce any material on record to show that the decision taken by the State Government in the year 1978 was subsequently withdrawn or any contrary decision had been taken. 5. Having considered the entire facts and circumstances of the case, in our opinion, the resignation already having been accepted by the competent authority without any condition, the appellant was entitled for benefit of seeking voluntary retirement as per the decision taken by the State Government in the year 1978. 6. Accordingly, this appeal is allowed. The judgment dated 6.7.2001 passed by the learned Single Judge is set aside. The respondents are now directed to consider the case of the appellant for voluntary retirement from the date of acceptance of her resignation and pass necessary orders within 30 days from the date of receipt of certified copy of this order. Consequently the retiral benefits in accordance with the relevant rules may also be paid to the appellant within 30 days thereafter.Appeal Allowed With Directed to Consider Case of Appellant for Voluntary Retirement. *******