[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

[Emblem]

Department of Justice - Islamic Republic of Iran

Court of Administrative Justice

File Number -----

Page ------

Copy ------

Dated -----

In the Name of God

Judicial Decision number 276

Date 19/3/1369 [9 June 1990]

File Number: 1170/68

 

Administered at Branch 4 of the Court of Administrative Justice

Mr. Yousof Yazdani, president; Mr. Ziaollah [illegible] consultant

Plaintiff: Mr. Hayat Afshar, son of Faraj, resident of Ahvaz [contact details]

Respondent: National Petroleum Company

Request: Recovery of pension

 

File Proceedings:  On 6/12/1368 [25 February 1990] the Plaintiff presented the above request to the Court of Administrative Justice. The case has been registered in this Branch, and a second copy of the petition and the attachment were sent to the respondent. His response, in letter number K.B.825 - [date:] 9/2/1369 [29 April 1990], is attached herewith. In the presence of the Judge and the Consultant, the appeal was heard at Branch 4 on 19/3/1369 [9 June 1990], and having considered the case documents and the assessment of the Branch Consultant, the case was concluded and the verdict is as follows.

 

Court’s Verdict

With regard to the appeal of Mr. Hayat Afshar, son of Faraj, retiree of the Ministry of Petroleum, for reinstatement of his pension, in view of the advice of the Primary Board of Employment Arbitration of the Employees of the Ministry of Petroleum, letter number 875-[date:] 9/3/1969 [30 May 1990], the Plaintiff was found to be guilty of membership in the perverse Baha’i sect under Order H-B/8/1092, [date:] 15/4/1361 [6 July 1982],  and on 25/12/1365 [16 March 1987], was permanently dismissed by the Islamic Consultative Assembly’s Primary Board of Employment Arbitration. That Order is final, given that [a timely] appeal has not been filed.  In accordance with Paragraph 2 of Section 38 of the Employment Arbitration Act, there is no right of appeal for individuals who have been permanently sentenced [to dismissal from their employment] as the result of judgements issued by the Primary Committee for the Restructuring of Human Resources and who did not appeal by 2/7/1365 [24 September 1986]. As the appeal was made on 6/12/1368 [25 February 1990], [which is] outside of the prescribed timeframe, as stipulated in the paragraph [identified] above, appeals regarding decisions of the Primary Committee for the Restructuring of Human Resources that have been made after 2/7/1365 [24 September 1986] will not be considered. Hence the appeal is refused and the decision is final./M

Head of the Fourth Branch of the Court of Administrative Justice

Yazdani

[stamp:] Certified Copy

Office Manager, Branch 4

[signature]

[handwritten note:  number at the top of the page]

Order of the Justice Administration

Dismissal from the Ministry of Petroleum

Number [illegible]