ECC 27/68

This case involved whether a lawyer who had become a judge was due an additional amount on retiring. The court had been wrong to base its decision on an unconstitutional law.

Background

A former chairman of the court of appeal filed a request against the Minister of Justice and the chairman of board of directors of health and social services fund and requested the court to order them to pay 115.500 Egyptian Pounds and legal interest. The claimant stated he was appointed to the public prosecution and had worked as a lawyer since 1992 but the fund had refused to pay him an additional monthly amount since then.

The court stated the claimant had completed the period required to be due the additional monthly amount when he retired on 19/10/1990.

Decision

The court stated the fund had refused to pay this amount based on Article 34 of the decision of Minister of Justice No. 4853/1981 though this article was unconstitutional.

The court ruled that the claimant deserved the amount and rejected the request for interest.