O'Connor v. Deputy Commissioner & Comptroller of Commonwealth

The petitioner, a retired Deputy Commissioner of Banks, seeks a writ of mandamus to compel the respondent to certify that the petitioner is entitled to receive $1,218.01 for “vacation allowance” pursuant to Rule LV-8 of the “Rules and Regulations Governing Vacation Leave,” which are authorized by G. L. c. 7, § 28, as amended through St. 1963,.c. 352. The respondent appealed from the order of the trial judge that a writ of mandamus issue. The evidence is reported.

We note at the outset that “[i]t is an elementary principle that mandamus will not lie where there is available another and…