Kuwait Court of Cassation principle number 896

The administrative authority’s power to appoint or promote to vacant positions. Its condition. The restrictions prescribed by law and the specific regulatory rules by which the administration binds itself. - Promotion decisions that may be challenged. They extend to appointing an employee to a financial grade higher than his grade, as well as appointing an employee to a position that, by its nature, is higher than the position he occupies in the administrative hierarchy, even if no material benefit accompanies it. - Promotion by selection. The administration’s authority therein is not unfettered; rather, the legislature has constrained it by several restrictions, namely that it originate from the Personnel Affairs Committee, which submits its proposal in this regard to the competent authority for approval, amendment, or rejection, and has conferred finality on its decisions. The necessary consequence thereof. If promotion by selection does not pass through this committee and follow the procedures prescribed by law, the selection is vitiated and, consequently, so is the decision based upon it. - The Ministry’s clothing promotion in the guise of transfer. This does not detract from its true nature as a promotion decision. Failure of the promotion proposal to originate from the Personnel Affairs Committee and to be submitted to the competent authority for approval, amendment, or rejection. Its effect. Its decision is devoid of effect because it was issued contrary to the controls laid down by the legislature. The challenged judgment’s conclusion that the challenged decision constitutes a promotion and that the person whose promotion is challenged is more entitled than the appellant, despite the decision not having passed through the Personnel Affairs Committee. An error requiring its cassation. - The administration’s liability for decisions issued concerning employees:-