Civil servants and some public officials may request spousal status to work in the same city as their spouses. When this request is rejected by the relevant institution, the aggrieved civil servant may seek his legal rights by filing a lawsuit to annul the rejection of the appointment request due to his spouse status. In this article, we will examine the details of this case, the opening conditions, the litigation process and the grounds for annulment.
Case Conditions
There are some basic conditions to file a lawsuit to annul the rejection of the appointment request due to spouse status:
Marriage: In order for the plaintiff civil servant to benefit from the status of spouse, he must be married and his spouse must be a public servant or civil servant.
Term of Office: The plaintiff officer must have actually served for at least 2 years.
Application Period: It is mandatory to file a lawsuit within 60 days from the date of notification of the decision to reject the appointment request.
Administrative Action Nature of the Rejection Decision: The decision to reject the appointment request must be in the nature of an administrative action.
Litigation Process
The case for annulment of the rejection of the appointment request due to spouse status is considered as an administrative case and is filed in the administrative courts. The litigation process is as follows:
Submission of the Petition: The plaintiff officer submits the petition and the necessary documents to the competent administrative court.
Determination of the Competent Court: The petition is examined by the court and the competent court is determined.
Receiving the Defense of the Defendant Institution: The administrative court asks the defendant institution to present its defense.
Case Meetings: If deemed necessary by the court, case meetings are held and witnesses are heard.
Making a Decision: The court makes a decision after considering all the evidence and defenses.
Reasons for Cancellation
In the case of annulment of the rejection of the appointment request due to spouse status, some grounds for annulment must exist in order for the case to be accepted. Some of these reasons are:
Unfair Rejection: There is no valid and legal reason to reject the appointment request.
Violation of the Savings Principle: The appointment is contrary to the requirements of the public service and the principle of saving.
Violation of the Principle of Equality: Although the requests of other civil servants in a similar situation to be assigned equal status are accepted, the request of the plaintiff officer is rejected.
Violation of Social Rights: Violation of social rights such as protecting spousal and family integrity and ensuring family welfare.
