Kuwait Court of Cassation principle number 230

A public employee's entitlement to any benefit is contingent on fulfillment of all conditions necessary for entitlement under the law and the decisions regulating it. The administrative authority may not grant the employee rights exceeding what is - 68 - Administrative prescribed under the public service system or contrary to the governing rules. The rule of equality in administrative decisions may not be invoked to compel the administration to take a particular decision by analogy with an erroneous decision it previously issued for others. The basis for this. Reliance on a defective decision when issuing another decision, or incorporating it as one of its elements, is impermissible. The reason: violation of the law does not justify persisting in error, as this is incompatible with the proper functioning of the administration and the principle of legality. Example.