Kuwait Court of Cassation principle number 210

Establishing a matter at the present time on the basis of its establishment at a previous time. Its implication. The accompaniment and persistence of that matter throughout the subsequent period. Its condition. That nothing altering it is established by newly arising constitutive evidence of a new factual situation or a new legislative position. - The absence of work for an employee 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's circular stating that efficiency assessment takes place after returning and resuming work. The reason for this. The Civil Service Council alone is competent to issue interpretations binding on the authorities, 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. - 378 - Civil Procedure