Kuwait Court of Cassation principle number 979

Employment allowances and benefits. Their connection with occupying the positions listed in the salary schedule and funded from the general budget, and actually performing their duties. - Nature-of-work allowance. Entitlement thereto as a benefit granted to a particular category of personnel whose positions require burdens and obligations not present in certain other positions is contingent upon fulfilment of the legal conditions and performance of the duties of the position. - Ambiguity or uncertainty in the text. The judge may ascertain the correct rule by examining the rationale and purpose of the legislation. - Issuance of the Civil Service Council's decision granting researchers, specialists, professionals and technicians in the research departments of the Kuwait Institute for Scientific Research a nature-of-work allowance pursuant to the schedule attached to the decision, distinguishing Kuwaiti scientific researchers by an additional increase in the rates of this allowance, specifying the titles of these positions exhaustively, and not including the grade of the position of Assistant Director-General of the Institute, which was subsequently created. Its implication. He is not entitled to the additional increase in the nature-of-work allowance prescribed exclusively for scientific researchers. The judgment's departure from this is a contravention of the Service Council decisions regulating the granting of the allowance. It necessitates partial cassation of the judgment.