Kuwait Court of Cassation principle number 283

Establishment of a matter at the present time based on its having been established at an earlier time. Its implication. The continuation and persistence of that matter throughout the subsequent period. Its condition. That no change thereto be established by constitutive evidence arising from a new factual situation or a new legislative situation. - An employee's having no work because he is on authorized leave. Its effect. His efficiency during the leave period is assessed by carrying forward the last report he received before the leave. This is not altered by the Personnel Bureau circular stating that efficiency assessment takes place after returning and resuming work. Reason therefor. The Civil Service Council alone is competent to issue interpretations binding on entities, and consequently this assessment has no binding force. - The employee deprived of the periodic increment or promotion. He is the one who receives a final report rating him as poor.