Kuwait Court of Cassation principle number 929

Applications for annulment of decisions temporarily assigning employees. Outside the jurisdiction of the Administrative Circuit. Criterion: where the administrative authority intended those decisions to produce the legal effect intended by temporary assignment and they are not a cover concealing a decision whose annulment falls within the Circuit’s jurisdiction. - The determining factor in assessing the extent of the Administrative Circuit’s jurisdiction is consideration of the nature of the disputed decision and its constituent elements in light of its correct characterization. - Temporary assignment is temporary by nature. Its purpose. It may be to the employee’s same grade or to a higher grade. Condition: it must not be to a grade from the grade of the employee’s original position. - The administrative authority’s failure to temporarily assign the employee to fill the position does not render its decision in this regard a bypassing in promotion or taint its decision with abuse of power. Reason: promotion and temporary assignment each have their own nature, arrangements, and conditions. Example. - Secondment: