Ruling on 14 appointments made without a promotion exam: Türk Diyanet Vakıf-Sen announces

The 2nd Chamber of the Council of State has issued a stay of execution in a lawsuit filed regarding certain appointments made at the General Directorate of Foundations.

In a statement issued by Türk Diyanet Vakıf-Sen, it was stated that before any promotion and title change exams were held, certain individuals were first appointed as deputy regional directors and subsequently demoted to branch manager positions.

APPOINTMENTS OF 14 INDIVIDUALS TAKEN TO COURT

The union took the appointments of 14 individuals to court on the grounds that they were contrary to the principles of merit and law.

The 2nd Chamber of the Council of State issued a stay of execution regarding the appointments in question in the lawsuit filed.

THE CLAIMS OF THE PLAINTIFF UNION ARE AS FOLLOWS

The plaintiff union argued that the regulation articles in question paved the way for "branch manager" appointments without taking a "promotion" exam, and that based on the provision in the 2nd paragraph of Article 2 of Presidential Decree No. 3, which states, "...Appointments to cadres, positions, and duties not listed in these schedules shall be made by the relevant Vice President, minister, or

appointing authority," certain personnel were appointed directly from positions such as data preparation and control operator or computer operator to the position of Deputy Regional Director without any exam or other requirements, and were later appointed as branch managers (without an exam) through demotion based on the regulation articles whose cancellation is requested, thus bypassing the exam requirement.

It is argued that personnel who were ineligible to be appointed as branch managers and were required to take an exam were appointed as branch managers, that this situation creates inequality among personnel performing the same duties and possessing the same qualifications, that it is clearly contrary to the principle of equality guaranteed by the Constitution, and that bypassing the mandatory exam requirement for the 'branch manager' position in this manner violates the principles of career and merit.

"PUBLIC INSTITUTIONS MUST BE MANAGED WITH MERIT"

In its statement, Türk Diyanet Vakıf-Sen emphasized that public institutions should be managed based on the principles of merit, competence, and justice, rather than arbitrary practices.

It was stated that the rights of employees who have taken exams, worked for years, and waited for the promotion process should not be disregarded.

MESSAGE OF LEGAL STRUGGLE FROM THE UNION

Türk Diyanet Vakıf-Sen announced that they will continue to stand against lawlessness, defend the rights of the people, and remain the voice of labor.

The union stated that the legal struggle will continue until justice is served, with the message: "Positions are temporary, justice is permanent."

THE FOLLOWING STATEMENTS WERE INCLUDED IN THE DECISION SECTION REGARDING THE CASE

DECISION OUTCOME:

For the reasons stated;

1. Since the conditions stipulated in the second paragraph of Article 27 of the Administrative Procedure Law No. 2577, as amended by Law No. 6352, have not been met, the REQUEST FOR A STAY OF EXECUTION regarding clauses 18/1-a and 18/1-c of the Regulation on Promotion and Title Change of the General Directorate of Foundations Personnel, published in the Official Gazette dated 28/02/2015 and numbered 29281, is UNANIMOUSLY REJECTED;

2. Since it is understood that the conditions stipulated in the second paragraph of Article 27 of the Administrative Procedure Law No. 2577, as amended by Law No. 6352, have been met collectively, a STAY OF EXECUTION is granted by MAJORITY VOTE regarding the implicit rejection of the application dated 03/07/2024, which requested the cancellation of appointments made to branch manager positions without a promotion exam and the appointment of those who were successful in the exam to these positions;