IN ‘I‘HE HIGH COURT OF CHHA’IVI‘ISGARH z BILASPUR Wlit Petition (S) No. 5036 of 2008 Petitioner Shri Anup Kumar Shrivastava, aged about 4—6 years, S/o of Late Shri Chandra Sen Shrivastava, Resident of Bangali primary school Jhagrakhand, Distt‘ Korea (C.G.) State of Chhattisgarh, Through - Secretary, Depaxtment of School Educah'on, Mamralaya, D.K.S. Bhawan, Raipur (C.G.) The District Education ofiicer, Kama, Dista'ct Korea, CG. Respondents 1. Singhi Colliexv Education Society Jhaérakhand, District Kcrea (C.G.), through The In charge Headmaster. The director, Directorate, public Insh'tution, Pension Bada, Raipur, (1G. WRIT PETITON UNDER ARTICLE 226L227 OF THE CONSTITUTION OF INDIA, (SB: Hon’ble Shri Satish K. Agnihotri J.) Shn’ R. K. Jaiswal, Advocate for the petitioner. Shri Yashwant Singh ’l‘hakur, Deputy Advocate General for the respondents/ State. ORDER (Passed on this 1 1m Day of September, 2008) Learned counsel appearing for the petitioner submits that the petitioner is entitled to the benefit of the recommendation of the Fifth Pay Commission, which was granted to the similarly situated employees by the judgment and order dated 6.2.2007, passed by this Court in the matter of Smt. A. Lall v. State of Chhattisgarhl (W.P.No. 4108 of 2005 and other connected matters) . made an application on 2.8.2008 (Annexure P] 2) for grant of benefit of the recommendation of petitioner - 1 i . 2007(1) Bw 265} ._’Lv the Fifth Pay Commission. Without givmg reasonable time to the concerned authority to consider the case, the petitioner has rushed to file this petition on 8.9.2008. Since the application is already pending before the concerned authority and the petitioner has rushed to this Coult without giving reasonable time to the concerned authority, this peh'tion cannot be entertained at this stage, as it is premature. In View of the above, the petihbn is dismissed as not maintainable at this stage. However, liberty is reserved to the petitioner to raise a grievance, if so advised, in case the same suivives, after reasonable time. r Sd/— iSatish K. Agnihotri Judge