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2014 Supreme(Mad) 1387
Madurai Bench of Madras High Court
K. RAVICHANDRABAABU, J.
G. Thavasiappan
Versus
The Managing Director, M/s. Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai
W.P. (MD) No. 17164 of 2013
Decided on: 17-06-2014
For the Petitioner:S.C. Thangamani, Advocate.
For the Respondent: A. Jeyaram, Standing Counsel.
The court's decision was based on the principle that when a previous decision of the court squarely covers the issue in a current case, the court may follow the previous decision and grant similar relief.
Headnote:
MANDAMUS - Encashment of Earned Leave - The court directed the respondent to pay the petitioner the difference amount of encashment of earned leave as per the revised scale of pay implemented by the Sixth Pay Commission report.
Fact of the Case:
The petitioner sought mandamus to direct the respondent to pay the petitioner a sum of Rs.80,888/- being the difference amount of encashment of Earned Leave, payable consequent on the revised scale of pay implemented as per the Sixth Pay Commission report along with 18% interest.
Finding of the Court:
The court found that the issue involved in this case was squarely covered by a previous decision of the court, wherein the court allowed similar writ petitions and directed the respondents to pay the difference amount of encashment of earned leave to the petitioners.
Issues: The issue involved in the case was whether the petitioner was entitled to the difference amount of encashment of earned leave as per the revised scale of pay implemented by the Sixth Pay Commission report.
Ratio Decidendi: The court's decision was influenced by the previous decision in a batch of cases, where the court allowed similar writ petitions and directed the respondents to pay the difference amount of encashment of earned leave to the petitioners.
Final Decision: The court allowed the writ petition and directed the respondent to pay the difference amount of encashment of earned leave to the petitioner as sought for in the writ petition, within a period of twelve weeks from the date of receipt of a copy of the order. No costs were awarded.
1. The petitioner seeks for a mandamus to direct the respondent to pay the petitioner a sum of Rs.80,888/- being the difference amount of encashment of Earned Leave, payable consequent on the revised scale of pay implemented as per the Sixth Pay Commission report along with 18% interest.
2. Both sides submitted that the issue involved in this case is squarely covered by the decision of this Court in W.P(MD)Nos.971 of 2013, etc., batch dated 27.03.2014, wherein, this Court allowed the above writ petitions and directed the respondents therein to pay the difference amount of encashment of earned leave to the petitioners therein.
3. As the issue involving in this case is also squarely covered by the above said decision passed in the batch of cases, by following the above said decision, this writ petition is also allowed and the respondent is directed to pay the difference amount of encashment of earned leave to the petitioner as sought for in this writ petition, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.
