CHAMARIN BAI Vs. DIVISIONAL FOREST OFFICER, KORBA

JUDGEMENT

(1.) THE matter is taken up for consideration in the chamber under provisions of sub Rule 2 of Rule 90 under /chapter VI of the High court of Chhattisgarh Rule, 2007. I.A. No. 1 this is an application for condonation of delay in filing the review petition. THE review petition has been filed after 87 days of the limitation period. THE grounds made in the application for condonation of delay is satisfactory and appears to be bonafide. Thus, delay in filing review petition is condoned. THE review petitioner seeks review of the order dated 7.12.2009 passed in W.P. No. 1911 of 1917 (Divisional Forest Officer v. Chamarin Bai & another), on the following grounds :

(2.) THE review petitioner is not disputing the fact that the review petitioner has not completed 240 days of service in the preceding year or 12 moths. However, the review petitioner claims sympathetic view in view of Jaipur Development Authority v. Ramsahai and another : (2006) 11 SCC 684 and Chief Soil Conservator, Punjab v. Gurmail Singh : (2009) 15 SCC 103. THE Supreme Court, in Jaipur Development Authority v. Ramsahai and another (supra) in a situation wherein the employee had not competed 240 days service in the preceding year, observed as under: