Background

A claimant filed a case against a defendant requesting that the court dismiss a decision that deprived him from allowance payments and order the defendant to pay the allowance plus compensation and promote his grade of assessment to excellent.

The court dismissed the decision and ruled that the defendant pay the claimant the allowance amounts.

The claimant and defendant appealed and the appeal court upheld the ruling.

The claimant and defendant appealed by cassation.

Decision

Appeal No. 612/1998

The claimant argued that the ruling had erred in the application of law as the court refused to order the defendant to pay compensation as the cancellation of the decision was considered as compensation, but this cancellation should not have deprived him from receiving compensation for damage resulting from the decision.

The court held that this argument was invalid as the estimation of compensation falls under the authority of the court and it is not obliged to follow a certain estimation.

The court therefore dismissed the appeal.

Appeal No. 615/1998