Kuwait Court of Cassation principle number 988

In principle, an employee's taking leave is subject to the administrative authority's discretion without judicial review thereof. Exception. It has no power in this regard if its conduct entails depriving him in this matter contrary to law, or if the law grants the employee the right to take leave at a particular time without being dependent upon the administrative authority's approval. This right arises only following his appointment to public office. Reason: it is a right generated by and ancillary to that appointment. Implication: the jurisdiction of the Administrative Circuit at the Court of First Instance to hear applications for annulment of administrative decisions concerning appointment to public positions and compensation therefor necessarily and inevitably includes its jurisdiction over these applications in respect of obligatory leave. Reason: the judge of the principal matter is the judge of the ancillary matter. What does not detract from this. An example concerning a claim for compensation for the administrative authority's refusal to grant leave to stand as a candidate in Municipal Council elections pursuant to Laws 35 of 1963 and 5 of 2005.