Kuwait Court of Cassation principle number 735

The administrative authority's power to promote to higher posts. Its condition. - Impediments to promotion are reasons pertaining to the employee that prevent promotion. The condition and reason therefor. - Initiating promotion procedures is based on a proposal by the Personnel Affairs Committee. Its condition: the committee must verify the conditions specified by the legislature that must be met by an employee competing with colleagues in seeking promotion. Their fulfilment and fulfilment of the two conditions of competence and seniority: its effect: the more senior may not be passed over in favour of the more junior unless the latter is more competent. If the competence rating is equal, preference must be given to the more senior in holding the preceding grade, then the next preceding grade, back to the initial appointment grade. Contravention thereof vitiates the decision by violation of the law. The challenged judgment's adherence to this view and its ruling upholding the first-instance judgment annulling Decision No. 85 of 2005 of the Minister of Commerce and Industry insofar as it passed over the respondent for promotion to the first grade. The challenge to it in this - 208 - Administrative regard. Incorrect.