Examining the acquired rights of government employees in the jurisprudence of the administrative Court of Justice

Document Type : Original Article

Authors

1 Ph.D. In private law , Shahid Beheshti university

2 Islamic Azazd University

10.22034/jlr.2022.221763.1904

Abstract

Sometimes the acquired rights of government employees, which are created in accordance with the law and in compliance with legal conditions, are ignored in administrative actions and decisions. While according to the principle of observance of acquired rights of individuals, this rights in all administrative actions and decisions should be considered and not be subject to deprivation, change and restriction. In thhs article, with the aim of explaining the position of acquired rights of government employees in the jurisprudence of the Administrative Court of Justice, after stating the basics and conditions of creating acquired rights, the jurisprudence of the Administrative Court of Justice regarding the acquired rights of government employees is analyzed. The present study, using library and documentary sources and descriptive and analytical methods, shows that based on the principle of observance of acquired rights of individuals, the acquired rights of government employees are protected in the jurisprudence of the Administrative Court of Justice and must be respected in administrative actions and decisions. Accordingly, if the acquired rights of employees are violated by administrative actions and decisions, the actions and decisions of the subject of the complaint are declared invalid and the complaining party is required to restore the violated rights of the plaintiff. However, in order to prevent the violation of the right of employees' acquired rights in administrative actions or decisions, it seems necessary to increase the support of the Administrative Court of Justice and raise the level of awareness of administrative officials about these rights.

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