[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

[Logo]

The Judiciary of the Islamic Republic of Iran

 

Document folder: ----- File ----- Page ----- Copy ----- Date -----

 

In the Name of God

 

Date 25/7/1369 [17 October 1990]

Case reference 1813/68-5

Judgment Number 680

 

Investigating Authority – 5th Branch of the Court of Administrative Justice

 

[Appellant]:  Abbas-Ali Kzareian[1]-Jahromi, resident of Shiraz [Address is provided]

Respondent:  Office of Retirement Affairs of the Petroleum Industry of the Islamic Republic of Iran

Subject of Claim and Appeal:  Reinstatement of stipend and pension

 

Procedural synopsis - Following the registration of the appellant’s claim with the Court of Administrative Justice under general reference number 1813/ 68/ 5 it was referred to Branch 1 under the above-mentioned reference number and was registered at this Branch.  After the initial procedures were carried out, the case was examined in an extraordinary session under the supervision of the undersigned and Mr. Parviz, as legal consultant.  Subsequent to a review of the case and receipt of the response of the respondent and written views of the advisor, the hearing was concluded and the following decision was delivered.

 

Court decision

 

Mr. Abbas-Ali Kzareian-Jahromi, son of Mohammad-Ali has lodged a complaint against the Office of Retirement Affairs of the Petroleum Industry of Islamic Republic of Iran and has explained that his pension payments had been withheld since the month of Khordad 1361 [May/June/1982].  He stated that he had approached the Department of Social Security in this respect and they had stated that being a member of the Baha’i sect was the reason for discontinuation of his pension and with reliance on, Articles 14, 19, 20 and 23 of the Constitution, he has requested investigation and issuance of order [for reinstatement of his pension].  Having taken into consideration Statement number 6930 – 31/6/1369 [22 September 1990] of the Respondent, the Department of Social Security discontinued the appellant’s pension remittances as he was found guilty of membership in the perverse Baha’i sect, as set out in  Decision number 155/3/ B [h] -25/5/1361 [16 August 1982] of the Preliminary Commission for the Restructuring of Human Resources for the Office of the Petroleum Industry, [and noting that the allegation is covered under the] subject matter of Clause 8, Article 29 of the Restructuring of Human Resources Act, enacted on 5/7/1360 [27 September 1981], pursuant to Clause 11 of Article 20 of the aforementioned Act.  Regardless of the nature of the decision and its truth or falsehood, as the deadline to appeal against decisions of the Preliminary Commission for the Restructuring of Human Resources, was until 2/7/1365 [24 September 1986] in accordance with Addendum to Article 28 of the Employment Arbitration Act, , and the appellant submitted his claim on 27/6/1368 [18 September 1989], his appeal could not be investigated by the Court of Administrative Justice owing to the conclusion of the prescribed time limit.  Therefore the appeal of the appellant is denied and so declared herewith.

 

Eshraghi

 

Head of Branch 5 of the Court of Administrative Justice

 

 

[Handwritten notes at the bottom of the page]:

 

It was served on 18/9/1369 [9 December 1990]

 

 

 

[1] [The correct name is Zareian]