IN THE HIGH COURT OF CHHA’ITISGARH : BILASPUR Writ Petition (S) No. 5034 of2008 Petitioner Smt. Kumkum Roy choudhaly, aged about 48 years, w/o of Lata Shri Ajeet Kumar Choudhaly, Resident of Bangali primary school, Jhagrakhand, Distt — Korea (C.G.) Versus Respondents l. State of Chhattisgarh, Through — Secretaly, Deparmzent of School Education, Mantralaya, DKS Bhawan, Raipur (C.G.) The District Education otTicer, Korea, District Korea, (1G. Singhi Colliery Education Societv Jhagmkhand, District Korea (C.G.), througii The in chaige Headmaster. OI 0: 4. The director, Diiectorate, public Institution, Pension Bada, Raipur, CG. WRIT PETI’I‘ON UNDER ARTICLE 226] 227 OF THE CONSTITUTION OF INDIA. (SB: Hon’ble Shri Satish K. Agnihotri J.) Shri Yashwant Singh Thakur, Deputy Advocate General for the respondents] State. ORDER- (Passed on this 1 1th Day of September, 2008) 1. Lealned counsel appearing for the petitioner submits that the petitioner is entitled to the benelit 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 ofSmt. A. Lall v. State of Chhattisgarhl (W.P.No. 4108 of 2005 and other connected matters) . 2. The peti1ioner made an application on 2.8.2008 (Annexure P] 2) for grant of benefit ot‘ the recommendation of xM the Fifth Pay Commission, Without giving reasonablc time to the concerned authority to consider the case, the petitioner has rushed to hie this petition on 8.9.2008. Since the application is already pending before the concemed authority and the petitioner has rushed to this Court Without giving reasonable time to the concerned authority, this petition cannot be entertained at this stage, as it is premature. ln View of the above, the petition is dismissed as not maintainable at this stage. However, liberty is leserved to the petitioner to raise a grievance, if so advised, in case the same survives, after reasonable time. Sd/— . iSatish K. Agnihotn Judge