Kuwait Court of Cassation principle number 2159

Applications to annul decisions assigning employees on secondment. Their exclusion from the jurisdiction of the Administrative Circuit. The criterion: where the administrative authority intended those decisions to produce the legal effect intended by secondment, and they are not a cover concealing a decision whose annulment falls within the Circuit's jurisdiction. - The determining consideration in assessing the extent of the Administrative Circuit's jurisdiction is the nature of the disputed decision and its constituent elements in light of its correct characterization. - Secondment is temporary by nature. Its purpose. It may be to the employee's own grade or a higher grade. Its condition: it must not be to a grade lower than that of the employee's original post. - The administrative authority's failure to second an employee to occupy a post does not invest its decision in this regard - 398 - Civil Procedure with bypassing in promotion or taint its decision with abuse of power. The reason: promotion and secondment each have their own nature, arrangements and conditions. Example.