Kuwait Court of Cassation principle number 74

Issuance of a decision promoting a person to the post of department director before the lapse of the ten years required by Civil Service Council Decision No. 25 of 2006 concerning the conditions for occupying supervisory posts. Implication. The decision was issued contrary to the law. Completion of the ten-year period some time after issuance of the decision has no effect. Reason therefor. The determining factors are the legal and factual grounds on which the decision was based at the time of its issuance, not subsequent facts. - The appellant's failure to satisfy the conditions for promotion to the same post because the period had likewise not been completed in his case. This does not preclude his having an interest in challenging the respondent's occupation of that post. Reason therefor. Because he hopes to occupy it in the future, and because denying him the opportunity to challenge the decision within the legally prescribed time limit on the pretext of his lack of interest would deprive him of occupying that post in the future and immunize the respondent's position. The judgment's departure from this view and its ruling that the action is inadmissible for lack of interest. This vitiates it and requires its cassation.