Kuwait Court of Cassation principle number 928

Decisions assigning civilian employees on temporary duty. They fall outside the Administrative Circuit's jurisdiction whenever, through those decisions, the administrative authority intended to produce the legal effect intended by temporary assignment, without using its issuance of the temporary assignment decision as a cover concealing another decision whose annulment falls within the Administrative Circuit's jurisdiction. - 281 - Administrative - In determining the extent of the Administrative Circuit's jurisdiction, regard is had to the true nature of the disputed decision and its constituent elements in light of what may emerge as its correct characterization, without stopping at the designations conferred upon it by the administrative authority that issued it. - The legislature's fixing of a maximum period for an employee's temporary assignment of one year, renewable up to four years, accords with the nature and purpose of temporary assignment, in the interest of ensuring the operation of public services. Renewal for further periods is impermissible without the approval of the Civil Service Council, whether the temporary assignment is within the same authority or another authority. The challenged judgment's departure from the foregoing view. Vitiates it by deficient reasoning, violation of the law and error in its application.