JUDGMENT 1. - It is submitted by learned counsel for the petitioner that while working on the post of Junior Specialist (Medicines), petitioner filed an application on 06th May, 2010 for seeking voluntary retirement w.e.f. 05th August, 2010. 2. Although the application was filed under Rule 244 (1) of the Rajasthan State Service Rules, but infact the said application for seeking voluntary retirement was filed in accordance with the Rajasthan Service Rules (Pension), 1996, therefore, after expiry of the period of notice, if no decision is taken by the respondents accepting or rejecting the application for voluntary retirement, then employee is entitled to presume to have been voluntarily retired from service after expiry of the terms of notice. 3. Admittedly, in this case, the petitioner filed an application for voluntary retirement on 06th May, 2010 and period of notice expired on 05th August, 2010; but till then; no decision was taken by the respondents and after expiry of more than two months an order was passed on 20th October, 2010 (Annexure-8) rejecting the application of the petitioner for seeking voluntary retirement by the respondents. 4. Learned counsel for the petitioner while inviting attention of this Court towards the judgment passed by the Division Bench at Jaipur reported in 2006 (3) RDD 1284 (Raj) (DB), State of Rajasthan v. Shri R.P. Aggarwal & Ors. submits that the controversy as involved in this case is squarely covered with the said judgment. 5. Learned counsel for the respondents does not dispute the factual and legal aspect of the matter. 6. In this view of the matter, while following the adjudication made by the Division Bench at Jaipur in the aforesaid case, this writ petition is allowed and the order dated 20th October, 2010 is hereby quashed and set aside. The respondents are directed to treat the petitioner voluntarily retired w.e.f. 05th August, 2010 and grant him all retiral benefits within a period of three months.Writ Petition Allowed. *******