Kuwait Court of Cassation principle number 205

The existence of a special law. Effect thereof. No recourse to the provisions of the general law except regarding matters not regulated by the special law. Reason therefor. The special legal rule does not repeal the general rules but constitutes an exception to them, and both continue to operate together, each within its scope. - The special legislation on higher education permits university faculty members and teaching assistants who were appointed at the university and previously held government posts to retain the last salary they received in their former posts, even if it exceeds the salary scale of the post to which they are appointed at the university, while granting them one of its increments, contrary to Civil Service Council Decision No. 6 of 1984, which is general legislation providing for calculation of a transferred employee’s salary on the basis of the post to which he is transferred, irrespective of his salary in the cadre from which he is transferred. Necessary consequence. The provision contained in the special legislation must be followed. Reason therefor. So that the purpose for which it was enacted is not defeated. - 46 - Law