Kuwait Court of Cassation principle number 355

Obscurity or ambiguity in a provision. The judge may ascertain the correct rule by examining the rationale and purpose of the legislation. - Issuance of a Civil Service Council decision granting researchers, specialists, professionals and technicians in the research departments of the Kuwait Institute for Scientific Research a work-nature allowance in accordance with the schedule attached to the decision, distinguishing Kuwaiti scientific researchers by an additional increase in the rates of this allowance, exhaustively specifying the titles of these positions, and not including the grade of Assistant Director General of the Institute, which was subsequently created. Its implication. His lack of entitlement to the additional increase in the work-nature allowance, which was prescribed for scientific researchers alone. The judgment's contravention thereof constitutes a violation of the Service Council decisions regulating the granting of the allowance. It requires partial cassation of the judgment. - 77 - The Law