Cabinet decisions ‘not above the law’ says constitutional court

The government has no obligation to make a missing temporary civil servant permanent, the Supreme Constitutional Court ruled, and has thus thrown out an appeal by the missing person’s brother, it was announced on Monday.

According to the decision taken on September 15, there was “no omission of due action” on behalf of the state.

The appellant argued that since his missing brother had been paid – by cabinet decision – a civil servant salary, he should be made permanent staff.

The court said no missing person had been included in the list of temporary civil servants made permanent, adding that cabinet decision was for the salary of missing civil servants to continue to be paid and arrangements be made for pensions and lump sums, as a minimum offering to their families, taking into consideration that they went missing during the 1974 Turkish invasion.

In the case under consideration, the court said there was no legal clause obliging the state to make a missing temporary civil servant permanent and that the missing brother had not been in service or carrying out duties during the time stipulated in the relevant law to be considered eligible to be made permanent.

Thus, the appeal was dismissed.