Kuwait Court of Cassation principle number 1168

The general rule is that an employee’s taking leave is subject to the administrative authority’s discretion, without judicial review thereof. The exception. It has no latitude in this regard if its conduct entails depriving him in this respect contrary to law, or if the law grants the employee the right to take leave at a specified time without depending on the administrative authority’s approval. This right arises only following his appointment to public office. The reason for this: it is a right arising from and ancillary to it. The consequence: the jurisdiction of the Administrative Circuit of the Court of First Instance to hear applications for annulment of administrative decisions concerning appointment to public offices - 342 - Administrative and compensation therefor necessarily and inevitably includes its jurisdiction over these applications concerning mandatory leave. The reason for this: the judge of the principal matter is the judge of the ancillary matter. What does not detract from this. An example concerning a claim for compensation for the administrative authority’s refusal to grant leave to stand for Municipal Council elections under Laws 35 of 1963, 5 of 2005.