Petition for Cancellation of Assignment Transfer

Petition for Cancellation of Assignment Transfer

TO THE DUTY ADMINISTRATIVE COURT
OF SAMSUN

PLAINTIFF: Murat KAYA (Turkish Republic Identity Number: 12345678901)
Address: Baruthane Mah. 32. Sk. No:11/4 İlkadım / SAMSUN

REPRESENTATIVE: Attorney Irem EPÇAÇAN
Address: … Cd. No:… Apartment: … İlkadım / SAMSUN

DEFENDANT: Republic of Turkey Ministry of Environment, Urbanization and Climate Change,
Land Registry and Cadastre 10th Regional Directorate – SAMSUN
Address: … / SAMSUN

SUBJECT OF REQUEST:
the 10th Regional Directorate of Land Registry and Cadastre of the Ministry of Environment, Urbanization and Climate Change of the Republic of Turkey , which transferred the plaintiff from Samsun/İlkadım Land Registry Office to Samsun/Bafra Land Registry Office .

DATE OF NOTIFICATION: 10/09/2024

EXPLANATIONS

My client, who had been working as a civil servant at the Samsun İlkadım Land Registry Office for approximately 8 years , was transferred to the Bafra Land Registry Office by the Land Registry and Cadastre 10th Regional Directorate's decision numbered 2024/352, dated 05/09/2024. This change of duty station was notified to my client on 10/09/2024 . (Appendix-1: Decision on change of duty station and notification note)

The justification for the action is a previous citizen complaint made to the District Directorate and the preliminary investigation . However, as a result of this investigation, that there was no basis for imposing a disciplinary penalty , and no criminal or disciplinary sanctions were applied.
(Appendix-2: Preliminary investigation/investigation result document)

Despite this, the administration, using the same incident as justification, transferred my client from his current position to another district, thus effectively disciplinary measure . Changing his place of duty under the pretext of "service requirements" based on an incident that does not warrant disciplinary action constitutes an abuse of discretionary power.

The client's residence, along with his spouse and school-aged children, is in the İlkadım district of Samsun. There is a considerable distance between his place of work in Bafra district and his residence, making daily commutes practically impossible, thus necessitating a relocation.

When the administration makes a change of duty station;

• Protection of family unity,

• Considering the client's long years of service and positive track record,

Although necessary, none of these factors were considered; the socio-economic situation of the client and their family was completely disregarded.

My client's;

• He has been working in the same department for a long time

• There is no record of any disciplinary action or judicial investigation against him/her

• Their work is documented by positive records and supervisor reviews,

There is no objective and concrete service requirement that would necessitate a sudden transfer to a more distant district within the same province

In these aspects, the transaction;

• Unlawful in terms of causation,

• In terms of its purpose, it has a punitive motive,

• This is an administrative action that is incompatible with service requirements

Therefore, the cancellation of the aforementioned job transfer is mandatory.

EVIDENCE

1. Job assignment change decision dated 05/09/2024 and numbered 2024/352 (Appendix-1)

2. Preliminary investigation/review result document (stating that there is no basis for imposing a disciplinary penalty) (Appendix-2)

3. Client's service record, personnel file/performance documents

4. Population registration certificate, residence certificate, children's school records (showing family unity)

5. Witness statements and any other legal evidence, if deemed necessary.

LEGAL GROUNDS

• Civil Servants Law No. 657

• Law No. 2577 on Administrative Procedure

• General principles of administrative law (legality, proportionality, equality, limits of discretionary power, protection of family unity)

• Other relevant legislation and established judicial precedents.

CONCLUSION AND REQUEST

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

1. The Turkish Ministry of Environment, Urbanization and Climate Change, Land Registry and Cadastre 10th Regional Directorate's decision dated 05/09/2024 and numbered 2024/352; requests the CANCELLATION of the transfer of the plaintiff from Samsun İlkadım Land Registry Office to Samsun Bafra Land Registry Office.

2. 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. Change of duty station approval and notification annotation

3. Preliminary review result letter

4. Service records and registration documents

5. Documents showing family and residence status