Petition for Annulment of Termination of Employment

There is a request for a stay of execution.

TO THE DUTY ADMINISTRATIVE COURT
OF ISTANBUL

PLAINTIFF: Zeynep YILDIRIM (Turkish Republic Identity Number: 12345678901)
Address: Şirinevler Mah. … Sk. No:10/5 Bahçelievler / ISTANBUL

REPRESENTATIVE: Attorney Irem EPÇAÇAN
Address: … Cd. No:… Apartment: … Şişli / ISTANBUL

DEFENDANT: Republic of Turkey Ministry of National Education
(via Istanbul Provincial Directorate of National Education)
Address: … / ANKARA

SUBJECT: Our request concerns the annulment and suspension of execution of the Ministry of National Education's decree dated 15/09/2024 and numbered 2024/98765, which terminated our employment .

DATE OF NOTIFICATION: 20/09/2024

EXPLANATIONS

The plaintiff client is a 2021 graduate of the Technology and Design Teaching Department of the Hasan Ali Yücel Faculty of Education at Istanbul University . Following an application made via MEBBİS (National Education Information System), she was appointed as a "Technology and Design Teacher" to Bahçelievler … Middle School in Istanbul on September 1, 2023, with the approval of the Ministry of National Education, and officially commenced her duties on September 11, 2023. (Appendix 1: Appointment decision and commencement of duty certificate)

The client was dismissed from his/her position by the defendant Ministry's decree dated 15/09/2024 and numbered 2024/98765 , on the grounds that "his/her education was not suitable for the field to which he/she was appointed, and his/her employment was terminated in accordance with Articles 48 and 98/b of Law No. 657." This decision was served to the client on 20/09/2024 . (Appendix-2: Decision on termination of employment and notification annotation)

However, the client's undergraduate diploma and transcript clearly state "Undergraduate Program in Technology and Design Teaching." In other words, the client graduated with the exact name of the field to which they are directly assigned; they graduated from one of the programs eligible for assignment to the Technology and Design field according to the decisions of the Board of Education .

In this case, the justification of "not suitable for the field of study" is a clearly flawed and arbitrary decision made without even a simple review of the diploma .

My client, despite being a graduate in their field and having no disciplinary record or security issues, was dismissed from their position solely on the false ground of "unsuitable education." This action is legally flawed , unjustified/abstract , and disproportionate as it directly terminates my client's professional life and economic future .

My client was suddenly and unfairly dismissed from her teaching position, her sole source of income, and is now unable to pay her rent, living expenses, and debts.

Requirements for a stay of execution under Law No. 2577 on Administrative Procedure :

• The transaction is clearly illegal.

• If implemented, it would cause damage that is difficult or impossible to repair.

The conditions were met simultaneously.

The termination of my client's employment on the grounds that "the field is unsuitable," despite the client possessing a diploma perfectly suited to their field of appointment, clear and blatant indication of illegality. The client's prolonged absence from their professionwill cause irreparable harm, both economically and psychologically. Therefore, that the termination order be suspended .

EVIDENCE

1. Client's undergraduate degree and transcript (Technology and Design Teaching)

2. Appointment decision dated 01/09/2023 and commencement of duty document dated 11/09/2023 (Annex-1)

3. Decree and notification document regarding termination of employment dated 15/09/2024 and numbered 2024/98765 (Annex-2)

4. Decisions and schedules of the Board of Education showing the relevant teacher training programs (examples)

5. Documents demonstrating the client's financial situation (payslip, rental agreement, etc.)

6. All necessary legal evidence, expert opinions, and precedents will be provided.

LEGAL GROUNDS

• Civil Servants Law No. 657

• National Education Basic Law No. 1739

• Relevant decisions of the Board of Education

• Law No. 2577 on Administrative Procedure

• General legal principles 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. Until the end of the trial, the execution of the Ministry of National Education's decree no. 2024/98765 dated 15/09/2024 regarding the termination of employment shall be SUSPENDED.

2. As a result of the trial, the aforementioned dismissal decision is ANNULLED.

3. calculate the personal and financial rights (monthly salary, additional teaching hours, etc.) that the client was deprived of due to this transaction, and collect these amounts together with legal interest.

4. 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. Photocopies of diploma and transcript

3. Appointment decision and document confirming commencement of duty

4. Termination decision and notification document

5. If any, precedent court decisions