Kuwait Court of Cassation principle number 943

The administrative authority's power to promote to higher posts. Its condition. - Impediments to promotion are reasons pertaining to the employee that prevent his promotion. The condition for this and its reason. - Initiation of promotion procedures is based on a proposal by the Personnel Affairs Committee. The condition thereof: the committee's adherence to verifying the conditions specified by the legislature that must be satisfied by the employee competing with his colleagues in aspiring to promotion. Their satisfaction and the satisfaction of the two conditions of competence and seniority: the effect: the impermissibility of the more senior to the more junior unless the latter is more competent. If the competence ratings are equal. Priority must be given to the person senior in occupying the preceding grade, then the one following it, down to the initial appointment grade. Contravening this vitiates the decision by violation of the law. The challenged judgment's adherence to this view and its ruling upholding the first-instance judgment which annulled Minister of Commerce and Industry Decision No. 85 of 2005 insofar as it contained the respondent in promotion to the first grade. The challenge to it in this regard. Incorrect. - 285 - Administrative