KCC 1270/2004
Background
A claimant filed a case against the defendants and requested the court to order the defendants to dismiss a decision dated on 10/04/2003 and promote him to grade 20.
The court ruled this decision should be dismissed.
The defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The defendants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law because the court had ruled that the claimant should be promoted although the promotion fell under the authority of the administrative body.
The court stated this argument was valid because the statute of the bureau where the claimant worked did not oblige the bureau to promote the claimant.
The court repealed the ruling.