Petition for Cancellation of Temporary Assignment

Petition for Cancellation of Temporary Assignment

TO THE DUTY ADMINISTRATIVE COURT
OF IZMIR

PLAINTIFF: MA (Turkish Republic Identity Number: 12345678901)
Address: Mavişehir Mah. 2040 Sk. No:15/7 Karşıyaka / İZMİR

REPRESENTATIVE: Attorney Irem EPÇAÇAN
Address: … Cd. No:… Apartment:… Konak / IZMIR

DEFENDANT: Turkish Ministry of Health
(via İzmir Provincial Health Directorate)
Address: … / ANKARA

SUBJECT: This is a request for the annulment of the administrative act regarding the temporary assignment of the plaintiff from Izmir Karşıyaka State Hospital to Foça State Hospital for a period of 6 months, as approved by the General Directorate of Administrative Services of the Ministry of Health on 01/10/2024 with number 2024/9876 (Appendix-2), which effectively nullifies the annulment decision of the Izmir Administrative Court numbered 2023/123 E., 2024/45 K. (Appendix-1) .

DATE OF NOTIFICATION: 05/10/2024

EXPLANATIONS

1. The plaintiff client has been working as a Chief in the Administrative and Financial Affairs Unit at Izmir Karşıyaka State Hospital for approximately 10 years . During his tenure, he has received no disciplinary penalties, his record is positive, and he has been awarded various certificates of appreciation and commendation. Previously, the client was temporarily assigned to another district by the Ministry of Health ; this assignment was challenged in court by the client and annulled on its merits by the Izmir Administrative Court's decision numbered 2023/123 E., 2024/45 K. (Appendix-1: Annulment decision)

2. The defendant administration formally implemented the court decision; it reinstated the client to his/her position at Karşıyaka State Hospital , but shortly afterwards, with the approval of the General Directorate of Administrative Services of the Ministry of Health dated 01/10/2024 and numbered 2024/9876, it temporarily assigned the client to Foça State Hospital for a period of 6 months. (Appendix-2: Assignment approval dated 01/10/2024)

3. This new assignment is an administrative act that is identical in nature, cause, and effect to the previously annulled action , aiming to circumvent the court decision and effectively produce the same result , thus rendering the judicial decision ineffective .

4. There is no concrete finding or proposal at Foça State Hospital indicating an urgent and necessary need specific to the plaintiff's particular knowledge and expertise . My client;

• He resides in Karşıyaka with his wife and two children

• One of their children is in middle school and the other is in elementary school

• Since his wife also works at a private company in Karşıyaka, the family unit is centered in Karşıyaka.

Under these circumstances, the client's temporary assignment to a hospital in another districtnegatively impacts their family life and economic situation; yet, the administration fails to provide a concrete justification for the assignment, merely using general, abstract phrases such as "due to the needs of the service."

      5. The defendant administration;

• A process very similar to the temporary assignment decision that was previously cancelled ,

• About the same person,

• With the same type of job change,

• Again, establishing it under the name of "temporary assignment",

that discretionary power is being used for punitive purposes and despite a court ruling .

Instead of properly implementing the annulment decision, the administration formally applies the decision but renders it ineffective, thus violating its obligation to comply with the judicial decision. In this respect, the contested action is not only unlawful but with the principles of legal certainty and the rule of law .

EVIDENCE

1. The annulment decision of the Izmir Administrative Court, numbered 2023/123 E., 2024/45 K. (Appendix-1)

2. Temporary assignment approval dated 01/10/2024 and numbered 2024/9876 (Annex-2)

3. Documents showing the client's place of employment and title at Karşıyaka State Hospital

4. Client's personnel records, thank you and appreciation letters (if any)

5. Population registration certificate, residence certificate and documents showing family status

6. Any legal evidence required.

LEGAL GROUNDS

• Civil Servants Law No. 657

• Law No. 2577 on Administrative Procedure

• General principles of administrative law (rule of law, respect for vested rights, obligation to comply with judicial decisions, proportionality, limits of discretionary power)

• Other relevant legislation and established judicial precedents.

CONCLUSION AND REQUEST

For the reasons stated and explained above, and for other legal reasons that your Court may consider ex officio;

1. This has rendered the annulment decision of the Izmir Administrative Court, numbered 2023/123 E., 2024/45 K., effectively ineffective

2. The Ministry of Health General Directorate of Administrative Services' decision dated 01/10/2024 and numbered 2024/9876, regarding the temporary assignment of the plaintiff from Karşıyaka State Hospital to Foça State Hospital, is hereby CANCELED.

3. The court costs and attorney fees are to be borne by the defendant administration

I respectfully request and demand that a decision be made on behalf of my client.

… / … / 20…

Plaintiff's Attorney,
Irem EPÇAÇAN,
Signature

APPENDICES:

1. Power of attorney sample

2. Example of an annulment decision (Izmir ... Administrative Court, Case No. 2023/123 E., Decision No. 2024/45 K.)

3. Temporary assignment approval dated 01/10/2024

4. Documents showing job location and title

5. Documents showing family/residence status