KUWAIT CITY, Dec 17: The Administrative Circuit of the Court of First Instance ruled to overturn the administrative decision to reduce the exceptional pension granted to the plaintiff who served as assistant undersecretary for Accounting Affairs in a sovereign entity. The ruling confirms that her exceptional retirement will continue to be paid in full, as originally granted. The court explained in its reasoning that the plaintiff retired under Civil Service Council Resolution No. 18/2022, dated October 6, 2022. Ministerial Decree No. 368/2022, issued by the Minister of State for Cabinet Affairs, granted her an exceptional pension of KD 1,500 per month, effective September 2, 2022, in accordance with Article 80 of Amiri Decree No. 61/1976 on social security.

The administrative body reduced the pension on May 5, 2025, effective retroactively from May 1, 2025, based on Cabinet Resolution No. 294 issued in its meeting No. 10/2025 held on March 13, 2025. This constituted a retroactive application of the resolution to a fully established legal status. The court affirmed that granting an exceptional pension is a discretionary power of the Cabinet or its delegate. However, once this power is exercised and established through a valid resolution, it creates a stable legal status and an acquired right for the recipient, which cannot be diminished or altered in a way that affects its components. Any such action would be considered a violation of the rights established by the resolution. The court emphasized that the Cabinet resolution cannot be applied to the plaintiff, as it concerns a legal status that was fully established before its issuance, making its retroactive application unlawful and necessitating annulment.

Regarding the argument that “whoever has the power to grant also has the power to withhold,” the court clarified that this principle applies only before the discretionary power has been exercised. Once the power has been exercised and a valid decision issued, the administrative body has exhausted its authority. It must respect the principle of legality and implement its legal decisions, which create ongoing legal rights for the beneficiaries. Sources indicate that the government plans to appeal the ruling before the Court of Appeal, seeking to annul the initial judgment and uphold the Cabinet’s original decision.

By Jaber Al-Hamoud Al-Seyassah/Arab Times Staff