Kuwait Court of Cassation principle number 85

The existence of a special law. Its effect. No recourse to the provisions of the general law except as regards provisions not regulated by the special law. The reason for this. A special legal rule does not repeal general rules but constitutes an exception to them, and both continue to operate together, each within its scope. - The special legislation concerning higher education permits university faculty members and teaching assistants who were appointed at the university and had held government positions to retain the last salary they received in their previous positions, even if it exceeds the salary scale of the position to which they are appointed at the university, while granting them one of its increments, contrary to Civil Service Council Decision No. 6 of 1984, which is general legislation requiring the salary of a transferred employee to be calculated on the basis of the position to which he is transferred, irrespective of his salary in the cadre from which he is transferred. Necessary consequence. The rule contained in the special legislation must be followed. The reason for this. So that the purpose for which it was enacted is not defeated. In matters concerning technical employees of the Audit Bureau