Petition for the Revocation of an Appointment / Complaint for the Revocation of an Appointment
TO THE PRESIDENCY OF THE ADMINISTRATIVE COURT
A petition has been filed to suspend the appointment.
A hearing has been 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 to the … position, I request the annulment of the decision dated … and numbered …, and the payment to me of the financial rights I will lose as a result of this decision, along with legal interest; Additionally, pursuant to Article 27 of the Administrative Litigation Procedure Law No. 2577, since the implementation of the aforementioned decision would result in irreparable and non-compensable damages, I am requesting a stay of execution.
Facts and Legal Explanation: I am currently serving in the … position. 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 Public Servants Law No. 657 states as follows: “Public institutions may appoint public servants, in accordance with the principles set forth in Article 68, without regard to equality of position or title, based on their acquired rights and salary grades, to other positions within the institution—whether in the same or different locations—at the same or a higher rank than their current position.” While this provision grants administrative authorities discretion regarding the appointment of public officials, this discretion is not unlimited; it is limited by the public interest and the requirements of the service.
………
For this reason, we were compelled to file this lawsuit.
Legal Basis: Law No. 2577 on Administrative Litigation. Procedures, Law No. 657 on Public Servants, and other relevant legislation.
Conclusion and Request:
For the reasons stated above, the annulment of the decision dated … and numbered … regarding my transfer from the … position to the … position; furthermore, pursuant to Article 27 of Law No. 2577 on Administrative Litigation Procedures, the suspension of the execution of the said decision on the grounds that its implementation would cause irreparable and uncompensable damages; furthermore, I request that the monetary rights I will be deprived of as a result of the aforementioned administrative action be paid to me along with legal interest, and that the attorney’s fees and litigation costs incurred be borne by the defendant administrative authority. Date
First Name Last Name