Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2016 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (3) TMI 1291 - HC - Income TaxClaiming cash benefits on sumptuary allowance and encashment of leave and leave salary - recommendations made by Shetty Commission acceptability - Held that:- This is not a matter which can be ironed through the judicial process either under Article 226 of the Constitution or through an intra-court appeal arising from the writ petition. Learned single Judge found that the issue relating to acceptance of Shetty Commission recommendations and its enforcement is no longer res integra. This was stated making reference to the decision of the Apex Court in Maharashtra State Judges Assn. v. High Court of Bombay [2008 (12) TMI 794 - SUPREME COURT ] and to the judgment of this Court in Asha P. v. State of Kerala [2009 (11) TMI 994 - KERALA HIGH COURT]. The learned single Judge rightly refused to accept the contention of the Association that the acceptance of the recommendations of the Shetty Commission Report has to be considered as declaration of law by the Hon'ble Supreme Court for the purpose of its enforcement. Those recommendations are matters which may generate room for relief in cases where no rules have been framed; in which event, the learned single Judge has rightly found that the remedy does not lie before this Court.
|