I_N_:I;HE HIGH COURT OF CHI-iA’lTlSGARl—I : BILASPUR Writ Petition (S) No. 5029 of 2008 Petitioner Stu-i Anil Kumar Smivastava, aged about 49 yam, S/o of Late Shri Chandra Sen Smivastava, Resident of primary school North Jhagmkhami, Distt— Korea (CG). Velsus Respondents 1. State of Chhattisgarh, Through — Secretatv, Departmeat of School Educatioo, Mantralaya, D.K.S. Bhawan, Raipur (C.G.) The District Education offlcer, Korea, Distn'ct Korea, C.G. 3. Singhi Colliery Education Society Jhagrakhand, District Koxea (C.G.), through The director, Directorate, public Institution, Pension Bada, Raipur, C.G. The In charge Headmaster. 4, 0t WRIT PETI'FON UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA. (SB: Hon’ble Shli Satish K. Agnihotn' J.) Shn' R. K. Jaiswal’ Advocate for the petitioner. shn Yashwant Singh 'l‘hakur, Deputy Advocate General for th respondents] State. 0 R D E R (Passed on this 11th Day of September, 2008) Learned counsel appealing for the petitioner submits that the petitioner is entitled to the benefit of the Iecommendation 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) . 2. The petitioner made an applicauon on 2.8.2008 (Annexure P] 2) for grant of beneiit Ot'the recommendation of 1 . { 2007(1) BLJ 265; e the Fifth Pay Commission. Without giving reasonable mn€ 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 Court Without giving reasonable time to the concerned authority, this petition cannot be entertained at this stage, as it is premature. In View of the above; the petition is dismissed as not maintainable at this stage. However, libeitv is reserved to the petitioner to raise a grievance, if so advised, in case the same survives, after masonable time. r\ 1 i Sd/-V §;Satish K. Agnihotri Judge \