المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Administrative Law

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,339 available principles

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  1. - الترقية

    Principle 942Promotion by selection. In principle, it is a matter of expediency left to the administrative authority's discretion, so long as its assessment is free from abuse of power and observes its natural limit: a more senior emAdministrative Law · Source page 285
  2. Principle 943The 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. - InitiAdministrative Law · Source page 285

  3. - حقوق مالية

    Principle 945An annulment action, being an action of an objective nature aimed at challenging the administrative decision itself in fulfilment of the principle of legality. Its condition. The existence of a direct personal interest. Administrative Law · Source page 286
  4. Principle 946The absence in Law No. 7 of 1960 of provision for payment of a cash allowance to an employee for accumulated leave upon termination of his service. Its effect. The Government is not liable for any such allowance. It may Administrative Law · Source page 287
  5. Principle 947Provisions governing the end-of-service gratuity for non-Kuwaiti members of the Department of Legal Advice and Legislation.Administrative Law · Source page 287
  6. Principle 948Employees with whom Contract A, B has been concluded are not subject to the provisions of Civil Service Council Decisions Nos. 3, 4/1979. The effect thereof on the calculation of these employees’ gratuity.Administrative Law · Source page 287
  7. Principle 949A decision referring an employee to retirement. Its condition. That he be entitled to a retirement pension insofar as his service ended by resignation at the time of this referral. Failure. Of this condition. Its effect.Administrative Law · Source page 287
  8. Principle 950An employee suspended from work because of his imprisonment in execution of a judicial judgment. When he is deprived of his entire salary: if the imprisonment is in execution of a final judgment. In the case of a non-finAdministrative Law · Source page 287
  9. Principle 951An employee's lack of entitlement to any salaries, allowances, or employment benefits during the period of his absence from work. Its effect when the administration reinstates the absent employee without exercising its oAdministrative Law · Source page 287
  10. Principle 952Deduction from or attachment of an employee’s salary. Impermissible except to satisfy court-ordered maintenance, to pay amounts owed to the government by reason of the performance of the employee’s duties, or to recover Administrative Law · Source page 288
  11. Principle 953Approval of the Personnel Bureau is a condition for employing employees possessing skills needed by the country and allocating government housing to them. This approval is not required in relation to entitlement to housiAdministrative Law · Source page 288
  12. Principle 955A public employee is not entitled to a benefit in his employment until all requirements necessary for entitlement under the law are satisfied. The implication thereof.Administrative Law · Source page 288
  13. Principle 956An employee’s enjoyment of the benefits of public office is not a right analogous to private rights. Implication thereof.Administrative Law · Source page 288
  14. Principle 958A non-Kuwaiti employee who was in service on 1/8/1990 is entitled to a social allowance if he is married and his wife resides with him in Kuwait. The allowance is added to the monthly remuneration or fixed - 288 - AdminiAdministrative Law · Source page 288
  15. Principle 959Allowances included in the salary or monthly remuneration. They are payable only if their basis exists. - The call-out allowance prescribed for investigation secretaries attached to the Public Prosecution. It is not payaAdministrative Law · Source page 289
  16. Principle 961Changing the category of the social allowance payable to an employee married to only one wife to the unmarried category in the event of the wife’s divorce or death. Its timing. From the date on which the divorce becomes Administrative Law · Source page 289
  17. Principle 962The decision suspending payment of the representation allowance prescribed for Kuwaiti employees occupying a grade in the group of posts from the fourth grade to grade (A). It applies to employees appointed after it tookAdministrative Law · Source page 289
  18. Principle 963The administration's grant to a public employee of rights exceeding those conferred by the public employment system. Impermissible. If it does so, it may make a correction and apply the rule of law at any time. The reasoAdministrative Law · Source page 289
  19. Principle 964Entitlement to an employee’s salary. The determining consideration, including its allowances and bonuses, is the post to which the employee is appointed and in light of which the employee’s individual legal position is eAdministrative Law · Source page 290
  20. Principle 966Payment of the salaries of Kuwaitis and those holding the nationality of a Gulf Cooperation Council state from the date of the invasion until the date of resuming work after liberation, and treating their service as contAdministrative Law · Source page 290
  21. Principle 967The import of Article 3 of Law 19 of 2000 concerning Support for the National Workforce and Encouraging It to Work in Government Entities is that the condition for an employee in government entities to retain the acquireAdministrative Law · Source page 290
  22. Principle 968Retention of the benefit of an employee in government entities continuing to receive a children’s allowance exceeding the maximum after the issuance of Law No. 19 of 2000 requires that the employee have been in the serviAdministrative Law · Source page 291
  23. Principle 973The person concerned must claim in writing from the Public Institution for Social Security any of the entitlements prescribed in the Social Security Law within five years from the date on which those entitlements are deeAdministrative Law · Source page 292
  24. Principle 974The employee's right to claim the financial entitlements established for him. It is time-barred upon the lapse of five years from the date of entitlement or one year from the date of his knowledge thereof, whichever periAdministrative Law · Source page 293
  25. Principle 975Married Kuwaiti physicians have the choice between obtaining furnished government housing supplied with electricity and water and receiving a housing allowance. Prohibition on withholding the allowance from certain categAdministrative Law · Source page 293
  26. Principle 976The Civil Service Council’s determination of the housing allowance for categories of employees appointed to grades up to the fourth grade. Employees appointed to grades below this grade are not entitled to the allowance.Administrative Law · Source page 293
  27. Principle 977The right to a pension, where the legal basis of entitlement exists, constitutes an obligation upon the entity against which it is established, arising as a liability by operation of law. - Loss of Kuwaiti nationality isAdministrative Law · Source page 293
  28. Principle 979Employment 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. EntitlAdministrative Law · Source page 294

  29. - الإجازات

    Principle 981The administrative authority's approval of granting the employee periodic leave. Its effect. Cancellation of the leave by the latter without its approval. Impermissible.Administrative Law · Source page 295
  30. Principle 982The application to annul the decision refusing to grant special leave and the consequences thereof, most particularly the acceptance of the resignation which the female employee was compelled to request after its issuancAdministrative Law · Source page 295
  31. Principle 984Authorization of medical leave. Its procedures. Personnel Bureau Circular No. 2 of 1973.Administrative Law · Source page 296
  32. Principle 988In 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 matAdministrative Law · Source page 297

  33. - تسكين الموظف وتسوية حالته

    Principle 991Adjustment of the status of teaching staff members at the Public Authority for Applied Education is carried out in accordance with the regulations issued by the Authority on 3/3/1989. - Determining the financial categoryAdministrative Law · Source page 298
  34. Principle 992President of the Audit Bureau. His powers in relation to the Bureau's employees are the same as those of a minister in relation to the employees of his ministry, and he has the authority of the Minister of Finance and InAdministrative Law · Source page 298
  35. Principle 993Obtaining the higher qualification in the specialization is not, alone, a sufficient condition for appointment to the position of assistant professor. The remaining prescribed conditions must be fulfilled, including the Administrative Law · Source page 298
  36. Principle 994Acquisition of Kuwaiti nationality by a non-Kuwaiti employee appointed under one of the contracts in use. Its effect: transfer to the Kuwaiti category and adjustment of his employment status, either by transfer at the saAdministrative Law · Source page 299

  37. - معادلات دراسية

    Principle 997The Committee for Evaluation and Equivalency of Academic Qualifications. Its composition. The bases and criteria relied upon - 299 - Administrative in evaluation and equivalency.Administrative Law · Source page 299

  38. - معادلات وظائف

    Principle 999Equivalence of academic certificates is a technical matter independently handled by the administrative authority through its specialized bodies and subject to its discretionary assessment. The administrative judiciary maAdministrative Law · Source page 300

  39. - إرساله ببعثة ومساعدته تعليمياً

    Principle 1002Suspension or cancellation of a study scholarship. An administrative decision to that effect must be issued, provided that it has no retroactive effect. This decision does not take effect against the scholarship recipienAdministrative Law · Source page 301
  40. Principle 1003A study scholarship whose entire prescribed duration and maximum extension periods have been exhausted. A recommendation by the college's Scholarships Committee to extend it. Impermissible.Administrative Law · Source page 301
  41. Principle 1004The prescribed period for a university scholarship recipient to obtain the master’s and doctoral degrees. Five years, including two years to obtain the master’s degree and three years for the doctorate. Cases and conditiAdministrative Law · Source page 301
  42. Principle 1005Payment of sums to a scholarship recipient in the capacity of a member of a scholarship mission, and their remaining in the recipient's hands without legal basis after issuance of the decision withdrawing the scholarshipAdministrative Law · Source page 301
  43. Principle 1006Demanding that a scholarship recipient repay what was spent on the recipient during the scholarship. Its criterion. Effect of its fulfillment.Administrative Law · Source page 302
  44. Principle 1007A claim for scholarship expenses. Its exclusion from disputes arising from the application of the Labour Law that fall within the jurisdiction of the Labour Circuit.Administrative Law · Source page 302
  45. Principle 1008The educational assistance provided by the Kuwait National Petroleum Corporation to its non-Kuwaiti employees. It must be proportionate to the remaining period of the academic year.Administrative Law · Source page 302
  46. Principle 1009The administrative decision. Its definition and constituent elements. Its loss of its character as an administrative decision. Its effect. It becomes a mere material act or material obstacle undeserving of protection. - Administrative Law · Source page 302
  47. Principle 1010Changing the type or specialization of the scholarship mission is impermissible. Changing its location is permissible. Article 20 of Ministerial Decision 103/1974. In rejecting the defense concerning the Scholarships ComAdministrative Law · Source page 302
  48. Principle 1011Legal rules follow their underlying cause, in its existence and absence. Whenever a provision is general and unrestricted, there is no scope for particularizing or restricting it by reference to its rationale. - The obliAdministrative Law · Source page 302
  49. Principle 1012The maximum language-study period for those dispatched on scholarships. A period of one year before the date specified for it. - A scholarship. Its definition. The period during which an employee devotes himself full-timAdministrative Law · Source page 302
  50. Principle 1013Tuition fees and travel expenses. The basis for their recovery. Upon dismissal of the scholarship recipient or his resignation from the scholarship for an excuse not accepted by the Scholarships Committee. Art. 21 of theAdministrative Law · Source page
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