Background

A claimant filed a case against two defendants requesting that the court dismiss a decision of the Council of Civil Service and Royal Decree No. 84/2002, and make a final settlement regarding its status under Kuwait Law No. 53/2001.

The court ruled that the decision of the Council of Civil Service be dismissed.

The defendants appealed and the appeal court upheld the ruling.

The defendants appealed by cassation.

Decision

Before the cassation court the defendants argued that the ruling had erred in the application of law as the court had refused their argument that the case should be dismissed based on the case being a settlement case unrestricted by deadlines, however, all decisions issued by an administrative body regarding the status of an employee are administrative and thus the case against them should have been cancelled.

The court held that this argument was invalid as the cancellation of the mentioned decision resulted only in theoretical interest for the defendants.

The court therefore dismissed the appeal.