Kuwait Court of Cassation principle number 167

Summary: - Decisions on appointment, promotion and the granting of an incentive allowance. The legislature prescribed specific time limits for their withdrawal, namely 1 year from their issuance, as an exception to the general rule for withdrawing administrative decisions. Import thereof. There is no room for interpretation in this regard or for subjecting them to the general time limits, since each of the 2 decisions has its own sphere independent of the other. Rule: Article (33) of the Civil Service Decree-Law No. 15 of 1979 provides that “Decisions issued for appointment or promotion or the granting of incentive marks contrary to laws and regulations shall not be withdrawn within 1 year from the date of issuance of the decision. The import of the foregoing is that the legislature, for a purpose it intended, prescribed specific time limits for decisions on appointment, promotion and the granting of incentive allowances, namely 1 year from their issuance, as an exception to the general rule for withdrawing unlawful administrative decisions. Consequently, there is no room for interpretation in this regard and subjecting them to the general time limits, since each of the 2 decisions has its own sphere independent of the other.