Petition For The Revocation Of An Appointment / Complaint For The Revocation Of An Appointment
TO THE PRESIDENCY OF THE ADMINISTRATIVE COURT
A Motion for a Stay of Execution is Filed.
A Hearing Is Requested.
Plaintiff: First Name Last Name (Turkish ID No.) – Address
Attorney:
Defendant: Institution Name – Address
Date of Service:
Subject of the Case: Regarding my non-appointment from the position of … to the position of …, I request the annulment of the decision dated … and numbered …, and the payment of the financial rights I will forfeit as a result of this decision, along with legal interest, to me; furthermore, pursuant to Article 27 of the Administrative Litigation Procedure Law No. 2577, since irreparable and impossible-to-compensate damages will arise if the subject decision is implemented, a request for a stay of execution is made.
Facts and Legal Explanation: I am currently serving in the position of … I am successful in my duties. My performance records are good and very good, and I have no disciplinary penalties.
Article 76, Paragraph 1 of the Civil Servants Law No. 657 states: “Public institutions may transfer civil servants to other positions within the institution—whether in the same or different locations—at the same rank as their current position or to a higher rank in accordance with the principles set forth in Article 68, without regard to equality of duties or titles, based on their earned rights and salary grades.” While this provision grants administrative authorities discretion regarding the transfer of civil servants, such discretion is not unlimited but is restricted by the public interest and the requirements of the service.
………
For this reason, we were compelled to file this lawsuit.
Legal Grounds: Law No. 2577 on the Procedure of Administrative Litigation, Law No. 657 on Civil Servants, and other relevant legislation
Conclusion and Request:
For the reasons stated above, the cancellation of the decision dated … and numbered … regarding my transfer from the position of … to the position of …; furthermore, pursuant to Article 27 of the Administrative Litigation Procedure Law No. 2577, since the implementation of the subject decision would result in irreparable and impossible-to-compensate damages, a stay of execution; Furthermore, I request that the monetary rights I will be deprived of due to the subject administrative act be paid to me along with legal interest, and that any attorney’s fees and litigation costs incurred should be borne by the defendant administrative authority. Date
First Name Last Name