[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

[Emblem]

Court of Administrative Justice

Branch 49 of the Court of Administrative Justice

Court Order

Court Order Number: 9509970957400761

Date of Issue: 10 Mordad 1395 [31 July 2016]

File Number: 9309980900014268

Branch Archival Reference: 930406

Court Order Number: 761

 

Investigating Authority: Branch 49 of the Court of Administrative Justice, presided over by the undersigned

Plaintiff: Mansour Baghaie

Defendants: 1- The National Retirement Fund, 2- The Department of Social Security, Kerman Province

Subject of grievance and claim: Need to transfer past insurance funds from the Retirement Fund to Social Security

Procedural Synopsis: The plaintiff has submitted a petition against the parties with the subject mentioned above, which was sent to this Branch for investigation. Upon filing the petition under number 14268 and carrying out the legal proceedings, we observe the following. The plaintiff, when presenting the petition, said, “I am insured by the Department of Social Security, and I requested the records of my service at the College of Medical Sciences to be added to my record of Social Security. However, no action has been taken.”

The first defendant sent a response in a document filed under number 2663 – 21 Aban 1393 [12 November 2014], saying that “the plaintiff is a member of the Baha’i sect, and with reliance upon paragraph 1 of Article 19 of the Law of Restructuring Human Resources and paragraph 34 of Article 8 of the Law of Employment Violations Act, is subject to being punished by being laid off. In addition, based on the religious ruling of the esteemed leader, payment of salaries to people related to this sect is not permitted. Also, based upon Item (Th), Article 14 of the National Law of Employment, he was ineligible for employment from the beginning.”

The second defendant, in letter number 2416 – 8 Mehr 1393 [30 September 2014], responded that “the plaintiff was insured from Esfand 1374 until Tir 1389 [February 1996 until July 2010] by this Department under freelance work insurance. As of 12 Khordad 1393 [2 June 2014], he has been listed under “regularly paid employees” by this Department. He was also previously a retiree of the Department of Health, and after being permanently laid off from government service his salary was stopped.”

Branch 49 of the Court of Administrative Justice, in its special meeting and after reviewing the contents of the file, announces the completion of its investigation and issues its decision as follows:

 

Decision of the Court

Regarding the complaint by Mr. Mansour Baghaie, as described in the petition presented, and in view of the documents contained in the file, and in accordance with the response by the first defendant to the complaint of the aforementioned person, we find that he was laid off from governmental service as legitimate punishment, with reliance upon paragraph 1, Article 19 of the Law of Restructuring Human Resources and paragraph 34, Article 38 of the Law of Employment Violations Act. In addition, based upon Item (Th), Article 14 of the National Law of Employment, the plaintiff has been found to have been ineligible for employment from the beginning. Consequently, there is no way to imagine that he has any rights with respect to his record of previous service, and he has been found to lack the conditions of eligibility stated in Article 14 of the National Law of Employment; therefore, a decision to deny the complaint is hereby issued and announced.

This decision can be appealed to appellate branches of the Court of Administrative Justice within twenty days after it has been rendered. /25

Head of Branch 49 of the Administrative Court of Justice

Zayn al-Abidin Shoja

[Official stamp and signature on the stamp]