The Administrative Judiciary accepts EIPR’s appeal against the termination of client’s delegation at the National Council for Mental Health

News

29 December 2024

On December 24th, the Administrative Judiciary Court in Qalyubia issued a ruling in appeal No. 1347 of 26 (judicial year) in favor of an EIPR client. The court decided that the client has the right to cancel the decision to terminate her delegation at the National Council for Mental Health (NCMH).

The case dates back to December 2023, when a decision was issued to terminate the delegation of the EIPR’s client from her original job to NCMH. The decision conflicted with a previous decision to renew her delegation at NCMH until January 31st 2025. EIPR lawyers appealed the decision before the Administrative Judiciary Court in Cairo, arguing that the decision violated the Civil Service Law, specifically Article 33, which grants the competent authority the right to delegate an employee to temporarily perform another job of the same grade as his/her original job or one grade higher, if the need for work so arises and there is no need for the employee in his/her original job.

EIPR argued that the decision to terminate the client’s delegation was devoid of any reason, noting that both the Egyptian constitution and the law set controls and restrictions for the administrative authorities when making any administrative decisions. These restrictions were legislated to achieve the public interest and ensure that employees are not arbitrarily treated.

After several hearings, the board of commissioners issued a recommendation stating that the employee has the right to cancel the decision and to continue her work at NCMH. After that, the Administrative Judiciary Court in Cairo referred the case to the Administrative Judiciary Court in Qalyubia, and the case returned to deliberations until the court ruled on 24 December that the client has the right to cancel the decision to terminate her delegation at NCMH.

EIPR welcomes the ruling, which does justice to the client and confirms her right to work and equal opportunities, and calls for implementing it.