Kuwait Court of Cassation principle number 508

The general rule is that an employee’s taking leave is subject to the administrative authority’s assessment, without judicial review thereof. The exception: it has no power in this regard if its conduct entails depriving him thereof contrary to law, or if the law grants the employee the right to take leave at a specified time without requiring the administrative authority’s approval. This right arises only following his appointment to public employment. The reason: it is a right arising therefrom and ancillary thereto. The implication: the jurisdiction of the Administrative Circuit of the Court of First Instance to hear applications for annulment of administrative decisions concerning appointment to public posts and compensation therefor necessarily and inevitably includes its jurisdiction over these applications in respect of mandatory leave. The reason: the judge of the principal matter is the judge of the ancillary matter. What does not detract from that. Example concerning a claim for compensation for the administrative authority’s refusal to grant leave to stand for Municipal Council elections pursuant to Laws 35 of 1962 and 5 of 2005. - Pure comprehensive annulment of an administrative decision and partial annulment:-