Law of Procedure before the Board of Grievances

1. Prior to filing the cases provided for in Article 13(a) of the Law of the Board of Grievances with the administrative court, a grievance shall be submitted to the Ministry of Civil Service or the military agency to which the relevant employee is affiliated within 10 years from the date on which the claim rights arise, unless the plaintiff acknowledges said rights or the court is presented with a legitimate excuse for not filing the case. The Ministry of Civil Service or the relevant military agency shall decide the grievance within 60 days from the date of its submission. 2. If a grievance is rejected by the Ministry of Civil Service or the relevant military agency, or if the period specified in the previous paragraph lapses without the issuance of a decision regarding the grievance, a case may be filed with the administrative court within 60 days from the date of knowledge of the rejection decision; the lapse of a 60-day period without the issuance of a decision regarding the grievance; or within the remainder of the 10-year period provided for in paragraph (1) of this Article, whichever is longer. A Law of Procedure before the Board of Grievances grievance rejection decision issued by the Ministry of Civil Service or the relevant military agency shall be reasoned. 3. Where a decision is issued by the Ministry of Civil Service or the relevant military agency in favor of the plaintiff and the administrative authority fails to enforce it within 60 days from the date of notification, a case may be filed with the administrative court within 60 days following said period or within the remainder of the 10-year period provided for in paragraph (1) of this Article, whichever is longer. 4. In matters not provided for in the law, prior to filing a case not pertaining to civil service affairs as provided for in Article 13(b) of the Law of the Board of Grievances, with the administrative court, a grievance shall be filed with the agency issuing the decision within 60 days from the date of knowledge of such decision. Knowledge shall be established by notification of the concerned parties or by publication in the Official Gazette if such notification is not feasible. The agency shall decide on such grievance within 60 days from the date of filing it. If it decides to reject the grievance or if the period set for such grievance lapses without the issuance of a decision, the aggrieved party may file a case before the administrative court within 60 days from the date of knowledge of the rejection decision, or from the date of the lapse of the 60-day period without the issuance of a decision. The agency's rejection decision shall be reasoned. Prior to filing a case relating to civil service affairs, a grievance shall be filed with the Ministry of Civil Service, and not the administrative authority, within 60 days from the date of knowledge of said decision. The Ministry shall decide on the grievance within 60 days from the filing date thereof, and if the Ministry issues a decision rejecting the grievance or the set period lapses without the issuance of a decision, the aggrieved party may file a case with the administrative court within 60 days from the date of knowledge of the rejection decision, or upon the lapse of said 60-day period without the issuance of a decision by the Ministry. The Ministry's rejection decision shall be reasoned. If the Ministry issues a decision in favor of the aggrieved party and the administrative authority fails to enforce said decision within 60 days from the date of notification thereof, he may file a case before the administrative court within 60 days from the date of the lapse of said period. 5. Notwithstanding the provisions of the previous paragraph, the court may, within the statutory grievance period, uphold an annulment case in summary cases where the petition to stay the enforcement of the administrative decision sought to be annulled satisfies the requirement for filing a grievance with the agency issuing said decision. The court shall expeditiously consider the motion to stay enforcement of said decision and consider the subject- matter of the case upon the lapse of the statutory grievance period or if the agency issuing the decision rejects the grievance prior to the lapse of said period. 6. In matters not provided for in the law, the cases provided for in Article 13(c Law of Procedure before the Board of Grievances and d) of the Law of the Board of Grievances shall not be heard after the lapse of 10 years from the date on which the claim arises, unless the defendant acknowledges the claim or the plaintiff presents an excuse acceptable to the competent court.