Petition for Annulment of Temporary Assignment and Request for Suspension of Execution

"A stay of execution and a hearing have been requested."

TO THE DUTY ADMINISTRATIVE COURT
OF ANKARA

PLAINTIFF:
Name and Surname – (Turkish Republic Identity Number: …)
Address: …

ATTORNEY:
Attorney's Name and Surname – (Bar Association Registration Number: …)
Address: …

DEFENDANT:
… District Governorship
Address: …

DATE OF NOTIFICATION:
…/…/…

SUBJECT OF THE CASE:

Request for the annulment and suspension of execution of the administrative decision dated …/…/… and numbered …, issued by the … District Governorship, regarding the temporary assignment of the client to … Anatolian High School.

EVENTS AND LEGAL BASIS:

1. My client has been successfully working as a teacher at ... Science High School since ... date, to which he was appointed by Ministry Decree. However, he was temporarily assigned to ... Anatolian High School by the defendant District Governorship with letter number ... dated .../.../...
2. This temporary assignment is clearly unlawful in terms of its purpose , reason , authority , and form , and should be annulled

Illegality in Terms of Cause and Purpose:

3. The primary purpose of administrative actions is the public good. However, the client's appointment is based on personal animosities and does not serve the public interest. Problems between the school administration and the client have been cited as the basis for this appointment.
4. The relevant school administration, in violation of regulations, determined the elective courses for the 2020 academic year, and the course in which my client was assigned was removed from the curriculum, effectively rendering it ineffective. This situation led to my client's professional exclusion and rendered him unable to work.
5. It has been reported that the client was left without a job due to the arbitrary actions of the school administration, and the temporary assignment in question was made on this basis. The purpose of administrative actions should be to serve the public interest; however, this assignment is intended to punish the client.

Legal Irregularity in Terms of Jurisdiction:

6. Under administrative law, every administrative act must be carried out within the authority of a specific body. Authority is granted only to bodies designated by law, and exceeding that authority renders the act unlawful.
7. District governorships do not have the authority to temporarily assign teachers. Article 31 of Law No. 5442 on Provincial Administration , district governors can only propose the temporary assignment of science and technical personnel with the approval of the governorship. My client was appointed to the teaching position by a Ministry decision, and the action taken by usurping this authority is unlawful.
8. Indeed, numbered 2007/103 E. and 2007/2198 K. , the Ankara 3rd Administrative Court found the temporary assignment made by the Etimesgut District Governorship in a similar case to be unlawful and annulled it.

Illegality in Terms of Form:

9. Temporary assignments of public officials should be limited to a specific period. However, the duration of the assignment in question is not specified. The client was not informed of the duration of the temporary assignment, leaving the process ambiguous. This constitutes a legal irregularity in terms of its formal aspects
10. It is highly likely that the client will suffer irreparable harm due to the uncertainty of the assignment duration. An indefinite assignment both infringes upon the client's personal rights and hinders the proper functioning of the service.

Request for Suspension of Execution of an Unlawful Act:

11. The client's place of work has been changed based on the defendant administration's action, and this situation is causing irreparable harm. The execution of the administrative action must be suspended before the case is decided on its merits.

LEGAL GROUNDS:

The Constitution, the Civil Servants Law, the Administrative Procedure Law, Law No. 5442 on Provincial Administration, and related legislation.

EVIDENCE:

1. Minutes of the Teachers' Council Meeting of the Month of … Year,
2. The letter from the District National Education Directorate dated …/…/…
3. The letter from … High School dated …/…/… and numbered …,
4. Correspondence from the district governor's office and other legal evidence.

CONCLUSION AND REQUEST:

For the reasons explained above,

1. The first step is to suspend the execution of the transaction in question .
2. The temporary assignment made with the District Governor's decision dated …/…/… and numbered … is hereby cancelled.
3. I respectfully request and demand that the court order the defendant administration to pay the court costs and attorney's fees.

…/…/…
Plaintiff's
Attorney Name and Surname
Signature