Kuwait Court of Cassation principle number 1886

Government entity. Its meaning in the Civil Service Law: every ministry, department or administrative unit whose budget forms part of, or is annexed to, the State general budget. - Employment allowances and benefits. Their connection to occupying the posts listed in the salary schedule and funded from the general budget, and actually performing their duties. - Nature-of-work allowance. Entitlement thereto as a benefit granted to a particular category of workers whose posts entail burdens and obligations not present in certain other posts is contingent upon fulfilment of the statutory conditions and performance of the duties of the post. - Ambiguity or uncertainty in a provision. The judge may ascertain the correct rule by examining the rationale and purpose of the legislation. - Issuance of the Civil Service Council decision granting researchers, specialists, professionals and technicians in the research departments of the Kuwait Institute for Scientific Research a nature-of-work allowance in accordance with the schedule annexed to the decision, distinguishing Kuwaiti scientific researchers by an additional increase in the rates of this allowance, and exhaustively specifying the titles of these posts without including the grade of the post of Assistant Director-General of the Institute, which was subsequently created. Its implication. No entitlement on his part to the additional increase in the nature-of-work allowance prescribed for scientific researchers alone. A judgment to the contrary violates the Service Council decisions governing the grant of the allowance. This requires partial cassation of the judgment. - 549 -