@y/ i.& E§9E§k§€33 P IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) w,P.s.No. 5X03 /1o PETITIONER /Ashok Upadhay,S/o Late Dasrath Upadhay, aged about 54 years, Lab Attendant, Gramya Bhariti Vidyapith, Hardi Bazar, Korba (C.G.) VERSUS RESPONDENTS W” a State of Chhattisgarh , Through Secretary, Department of Higher Education, D.K.S. Bhawan Raipur (C.G.) 2-. Director, Higher Education, Directorate Raipur (C.G.) y 3. Shashtri Shikshan Samiti, Through its Secretary,Gramya Bharti Vidyapith (Mahavidyalaya) Hardi Bazar, Korba (c.G.) WRIT PETITION UNDER ARTICLE 226 OF CONSTITUTION OF INDIA HIGH COURT OF CHHATTISGARH AT BILASPUR SB : HON’BLE SHRI JUSTICE PRITINKER DIWAKER wags) No. 5803/2010 PETH‘IONER Ashok Upacihay RESPONDENTS State of C.G. &. Others WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Shn’ Neeraj Choubey, counsel for the petitioner. Shn' V.V.S.Moorthy, Dy. AG. for the State/resps. 1 8r. 2. ORDER (07.10.2010) Grievance of the petitioner in the plesent petition is that he is the employee of Government Aided private educational institution and though he is entitled for the benem of 6*1‘ Pay Commission as recommended by the Government for the government employees but the same has not been given to him. According to the petitioner eariier also when the benefit of 5th Pay Commission was refused to petitioner and similarly placed persons, 'writ petitions were med before this Court and ultimately after passing of order by this Court the benefit of 5th Pay Commission was granted to them. 2. Counsel for the petitioner submits that ends of justice would be served if at this stage the petitioner is permitted to withdraw this petition and direction be issued to the respondent No.1 for deciding the pending representation of the petitioner (Annexure P/5) dated 11.6.2010. 3. Counsel appearing for the State submits that the representation has been made by' the petitioner directly to the Chief Minister Whereas he is required to make suitable I representation to respondent NO. 1. He submits that the case of l l f‘ the petitioner and similarly placed persons for giant of 6'11 Pay Commission is alrcady under considoration and let the pelitioncr make a msh represontation and the same would be decided in accordance with law. 4. Accordingly, the petitioner is permitted to Withdraw this petition with the aforesaid liberty. In the eventuality of filing a fresh representation by the petitioner before the respondent NO.1 within a period of one month &om the date of receipt of copy of this order, it is expected from the said authorities to pass appropriate order as expeditiously as possible preferably within a period of four months from the date of its receipt. 5. It is made clear that this Court has not expressed any /‘ opinion on merits of the case and the authority concerned would be at liberty to decide the same strictly in accordance with law. Sd/- “x Pritinker Diwaker Judge Vv... e n, H' "