JUDGMENT : Ajay Rastogi, J. The petitioner is serving as a Medical Officer and it is not disputed that she was initially appointed on temporary basis as Medical Officer vide order dated 26.09.1995 and after her selection through the Rajasthan Public Service Commission, she was appointed vide order dated 23.08.1996 on probation for a period of two years. 2. While in service she submitted an application u/R.50(1) of the Rajasthan Civil Services (Pension) Rules, 1996 to seek voluntary retirement w.e.f. 30.05.2012 on completion of 15 years of qualifying service addressed to the appointing authority dated 13.02.2012. 3. R.50 of the Rules, 1996 being relevant is reproduced ad infra:- "R.50. Retirement on completion of 15 years' qualifying service: (1) At any time after a Government servant has completed fifteen years qualifying service, he may, by giving notice of not less than three months in writing to the appointing authority, retire from service. (2) The notice of voluntary retirement given under sub-rule (1) shall require acceptance by the appointing authority: Provided that where the appointing authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall automatically become effective from the date of expiry of the said period." 4. R. 50 of the Rules, 1996 envisages premature retirement on completion of 15 years of qualifying service and has to tender a notice of not less than three months in writing to the appointing authority to retire from service provided the appointing authority within the stipulated period of three months has to pass appropriate orders of refusal to grant permission for retirement failing which the retirement shall automatically become effective from the date of expiry of the said period by fiction of law. 5. R. 12 of the Rules, 1996 refers to the qualifying service which makes the employee entitled for gratuity and other benefits of service rendered and the period of service rendered by an employee holding the post either substantively or officiating or temporary capacity is being computed as a qualifying service which enables the employee to get all of his retiral dues and on further explanation the service which has been rendered on probation shall qualify for the purpose of pension u/R.16 of the Rules, 1996. R.12 & 16 of the Rules, 1996 being relevant are reproduced ad infra:- "R.12. R.12 & 16 of the Rules, 1996 being relevant are reproduced ad infra:- "R.12. Commencement of qualifying service: (a) Except for compensation gratuity, a Government servant's service does not qualify till he has completed eighteen years of age. (b) Subject to the provisions of these rules, the qualifying service of a Government servant shall commence from the date he takes over charge of the post to which he is first appointed, either substantively or in an officiating or temporary capacity. R.16. Counting of service on probation: The service rendered as a probationer or on probation shall qualify for the purpose of pension." 6. Indisputably, from the date of initial appointment of the petitioner, she has completed more than 15 years of qualifying service and the application was tendered by her on 13.02.2012 seeking voluntary retirement u/R.50(1) to be effective w.e.f. 30.05.2012 and indisputably no express order was passed by the respondents in the stipulated period of three months but when she was not relieved, in compliance of the legal notice served, counsel was informed by the Chief Medical Officer, Tonk vide communication dated 19.03.2014 that she asked for voluntary retirement w.e.f. 30.05.2012 but the same was not accepted. 7. After the notice of the petition was served, reply has been filed and the defence is that the period of service rendered by the petitioner as probation could not be computed as a qualifying service as such the very application submitted by the petitioner seeking voluntary retirement was incompetent and was not acted upon. 8. 7. After the notice of the petition was served, reply has been filed and the defence is that the period of service rendered by the petitioner as probation could not be computed as a qualifying service as such the very application submitted by the petitioner seeking voluntary retirement was incompetent and was not acted upon. 8. From the scheme of Rules, 1996 of which reference has been made supra, the service rendered by the employee on temporary basis and on probation is computed as a qualifying service under Chapter-II of the Rules, 1996 and indisputably, she has completed more than 15 years of qualifying service on the date of submission of application dated 13.02.2012 seeking voluntary retirement w.e.f. 30.05.2012 and that being so, in absence of any express order being passed within the period of three months of submission of the application seeking voluntary retirement, by fiction of law and in terms of proviso to R.50 of the Rules, 1996, the employee stood retired by fiction of law from the date of expiry of the period i.e. from 01.06.2012 in the instant case and the justification tendered by the respondents in not to entertain her application seeking voluntary retirement as discussed is wholly without substance and contrary to the R.12 & 16 of Rules, 1996. 9. Consequently, the instant petition succeeds and is allowed. The petitioner stood voluntary retired from service w.e.f. 01.06.2012 in terms of her application seeking voluntary retirement u/R.50(1) of the Rules, 1996 dated 13.02.2012 and she became entitled for all the terminal benefits from the date she stood voluntary retired and pension and other benefits due after adjustment of payments if made to her from 01.06.2012 shall be released within two months with interest @ 9% as provided u/R.89 of the Rules, 1996 failing which arrears shall carry interest @ 12% until actual payment. No cost.