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2025:CGHC:57514
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
REVP No. 385 of 2025
Amir Khan S/o Late Shri Abbas Khan Aged About 67 Years Resident Of Rajiv Gandhi Chauk, Gopal Marg No. 10, Majhawapara, Jarha Bhata, Bilaspur , District -Bilaspur Chhattisgarh (Petitioner In Writ Petition)
... Petitioner versus
1. State Of Chhattisgarh Through The Principal Secretary, Forest Department , Mahanadi Bhawan, Atal Nagar, New Raipur Chhattisgarh Pin 492002. (Respondent No. 1 In Writ Petition )
2. The Principal Chief Conservator Of Forest Department Chhattisgarh Aranya Bhawan, North Block, Sector 19, Nava Raipur , Atal Nagar Chhattisgarh, Raipur Pin 492002., Respondent No. 2 In Writ Petition )
3. The Chief Conservator Of Forest Circle Bilaspur District Bilaspur , Sindhi Colony Gate, Jarhabhata, Bilaspur 495 001 (Respondent No. 3 In Writ Petition )
4. The Divisional Forest Officer Kosabadi, Korba Forest Division And District - Korba Chhattisgarh Pin 495677 (Respondent No. 4 Writ Petition)
... Respondent(s)
For Petitioner : Mr. Sandeep Dubey, Advocate For State : Mr. Pramod Shrivastava, Deputy Government Advocate
Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board
26.11 .2025
1. By way of this review petition, the review petitioner has sought recall/modification of the order dated 24.07.2025, passed in WPS No. 1354 of 2021.
2. Learned counsel for the review petitioners would submit that WPS No. 1354 of 2021 was dismissed vide order dated 24.07.2025 on two counts.
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3. First, the petitioner was appointed when Chhattisgarh Civil Services (Leave) Rules, 1977 were in force and permissible limit of leave encashment was 240 days, whereas according to Rule 25 of Chhattisgarh Civil Services (Leave) Rules, 2010 (for short "Rules, 2010"), the permissible limit of leave encashment is 300 days. He would refer Repeal and saving clause which says as under :-
"55. Repeal and saving.-
(1) On the commencement of these rules, every rule, regulation or order, including memorandum (hereinafter referred to in this rule as the old rule) in force immediately before such commencement shall, in so far as it provides for any of the matters contained in these rules, cease to operate.
(2) Notwithstanding such cesser of operation, anything done or any action taken or any leave earned by, or granted to, or accrued to the credit of a Government servant, under the old rule, shall be deemed to have been done, taken, earned, granted or accrued under the corresponding provisions of these rules.
(3) For the purposes of grant of leave under these rules, the powers delegated under the old rules shall continue to apply.
4. He would contend that the provisions of earlier Rule would not apply and the respondent authorities were under obligation to decide the claim of the review petitioner for grant of leave encashment according to Rules, 2010.
5. On the other hand, Mr. Pramod Shrivastava, Deputy Government Advocate would oppose.
6. Heard.
7. Taking into consideration the submissions made by Mr. Sandeep Dubey, Advocate, the reasons assigned in the review petition and further Repeal and saving clause, it appears that the petitioner got retired after coming into force of Rules, 2010, and therefore, the claim with regard to leave
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encashment should have been considered by the respondent authorities according to the Rules, 2010. Accordingly, the observation made in the order passed in WPS No. 1354 of 2021 with regard to application of Rules, 1977 is hereby re-called.
8. The writ petition of the petitioner was dismissed on one more ground that the petitioner failed to challenge the order Annexure P/1, whereby his claim for leave encashment was rejected. The learned counsel appearing for the review petitioner could not substantiate that ground and I do not find any good ground to interfere with the findings recorded in this regard.
9. With the aforesaid observation(s), the instant review petition is hereby
disposed of. Sd/-
(Rakesh Mohan Pandey)
Judge $iddhant