Often, civil servants defend their interests in the courts when facing with personnel outrage against them. Confrontation often lasts for several years.
Between yesterday and tomorrow
Many chiefs categorically refuse to recognize violations of labor laws and, alas, practice confirms it. However, earlier they had substantial grounds: even if the head lost in court, they paid for incompetence of departmental personnel with funds from the state treasury. Well, one paid for dismissed person, but of course not from own pocket, but his nerves were shot.
The situation changed dramatically with the entry into force of article of the Law "On Public Service", which states that if the dismissed employee wins a suit, compensation for his enforced absence will pay all officials who violate, including managers. That's in theory. And what about the practice?
Not so long ago a two-year legal dispute between the State Registration Service and its illegally dismissed employee has ended in victory for the latter. A man, who proved his case, received rather big amount of cash from the department, and in fact, he had a right to that. Management of the State Registration Service has changed three times during litigation. Last chairman had to repay the money. As a legal entity, the agency is obliged to repay the compensation. But now the leadership must sue those employees in the units that were guilty of illegal dismissal of their subordinates. Such is the order of the law. However, management of the State Registration Service somehow lingers with it.
Probably in order to change the situation, at least to punish one perpetrator with the ruble. When the State Personnel Office, ideally designed to implement policies in the field of public administration, will stop just to "exist", the courts won't be buried in lawsuits, and the budget won't flow out of the state treasury because of the mistakes of the leadership?
Which was to be proved
Last week, the Supreme Court of the Kyrgyz Republic has upheld the decision of the two courts and ordered the illegal dismissal of an employee of the Office of Social Development of the Moscow district Anarbek Kulzhanov from the post of the chief of the department on the protection of families and children.
Recall, Anarbek Kulzhanov turned to 24.kg news agency in September, saying that he was illegally dismissed from his post - allegedly because of the absence at work on October 12 from 10 a.m. to 4 p.m.
Disagreeing with the dismissal, the officer filed a lawsuit in the District Court. The Court, having considered all the arguments of the plaintiff, renders judgment in his favor, and recommends that the agency restore Kulzhanov with compensation for the forced absence. At that time, the amount was slightly over 22,000 soms.
However, officials with the district department of Social Development Management disagreed with this decision, who tried to challenge the decision of the first instance in Chui province court, which previously upheld the district court's decision.
Then the representatives of the public agency filed an application to the Supreme Court, which suspended in open court hearing the judgment of the second instance to the beginning of October. However, Kulzhanov himself was forgotten with invitation to open trial.
As it became known, on October 8, session of the Supreme Court was still held, and the judge upheld the decision of the two courts in effect, decided to restore Anarbek Kulzhanov as the head of the department for protection of families and children and to pay last financial compensation for enforced absence.
At whose expense is the "banquet"?
"At the time of appealing to the court, in November last year, there was specified the amount of 22,000 soms, but since that time 10 months have already passed, and in case of failure to pay compensation for these months I will have to re-submit claim and include more for moral damage," Kulzhanov, informed, winning the case.
According to the deputy director of the State Personnel Service Bakhtiyar Fattakhov, the compensation is to be paid by the state agency as a legal entity, but its administration must address to the courts in recourse order with a claim for damages by persons, who have committed illegal dismissal of an employee.
The head of the district department of Social Development Management Galina Spivakova, who dismissed the official, referring to being busy, declined to comment on the question of 24.kg news agency on when and who will restore the damage to Kulzhanov.
In turn, the Secretary of State of the Social Development Ministry said that the department will respond only when it receives a formal court decision, and experts of the legal department will examine the document. But in any case, the decision on recovering funds from employees, who have committed personnel violations, must be taken by the head of the Ministry of Social Development Kudaibergen Bazarbayev, who, in relation to being busy, was unavailable for comments as well.
To be continued...
At the time of publication of the material, it became known that a group of residents of Moskovsky district, who closely monitored the situation, are preparing an appeal to the Vice Prime Minister Elvira Sarieva and Kudaibergen Bazarbayev for taking action against the Chief of the District Social Development Department Galina Spivakova, as well as a lawsuit in the Interdistrict Court about illegal appointment of the latter for leadership position.
Anarbek Kulzhanov required almost a year to prove his innocence case in the court. Up to this moment,he has repeatedly appealed to the Ministry of Social Development and State Personnel Service with a request to investigate the situation. The court made it clear. And if there is no use in the main personnel department, there is a reasonable question: why does it exist?