Turk Egitim-Sen members in the change process required by the lawsuits filed against the union, or individual;
The main No. 1-Edirne, the Regional Administrative Court, YD 2010/442 decision
The justification for the decision of the Court who are working in the province of Kirklareli plaintiff, a 5-year period into account the type of Anatolia through the school with a translated straight periods to high school and high school level birleştirilemeyeceği in primary education while serving as director of the school as a school assignment can be made mandatory because the decision has given a stay of execution.
No. 2-Edirne, the Regional Administrative Court, YD 2010/445 Association decision
The justification for the decision of the Court who are working in the province of Edirne, the plaintiff, while the Girls' Technical and Vocational High School, Adult Education Center director appointed the plaintiff as a mandatory assignment was carried out in contravention of the types of degrees and educational institutions that are composed of misappropriation of reasons.
Edirne, the Regional Administrative Court of Association of 3-YD 2010/458 decision.
The plaintiff in the last five years working in the province of Kirklareli his merger with another school because the school ceased to carry out assignment.
Ontario Association of 4-Administrative Court, YD 2010/863 decision
The justification for the decision of the Court who are working in the province of Yalova plaintiff, the plaintiff's preferred schools, the absence of any assignment, in place of the previous task in the empty school educational institutions shall be in accordance with the status of High School kurasıyla assignment of making one computer as possible, if the blank between the schools, his education If there is no educational institution in accordance with the nature and status of the institution of forced displacement has said is necessary to postpone for a period of 1 year.
5-Kocaeli 2 Main Administrative Court No. 2010/875 Y.D. decision.
The plaintiff in the province of Ontario who are working in the last five years to carry out his assignment was stopped because of the school When the transformation. The relevant judicial decision, the calculation of a 5-year period, converted into the school's history to be based on necessity, and therefore are filled, five-year period.
Main Administrative Court No. 2010/1056 6-Denizli YD decision
The Provincial Science High School, an elementary school, the appointment of the claimant working in his organization are not taken into account because of the quality of assignment execution stopped.
7 - Denizli Administrative Court No. 2010/1059 mainly YD 2010/1089 with the decision of the Court of Directors of Association of Denizli YD decision.
Plaintiffs who are working in the province of Denizli in the last five years When the transformation of schools because of their assignment to carry out the task was stopped.
Main Administrative Court No. 2010/1171 8-Sivas YD decision
The justification for the decision of the Court who are working in the province of Sivas plaintiff, forced relocation from the scope of an educational institution taking into consideration the preferences of the manager's first assessment score, score of the schools of choice in case of insufficiency of the nature and state of educational institution working in the computer drawing of an educational institution in accordance with the appointment of is essential, can be assigned to the appropriate state agency or an appointment should be postponed until after the mandatory period of displacement, the plaintiff in the case because the task of the title high school level to reduce the level of primary process are the absence of law reproducibility.
9-Istanbul 2 Main Administrative Court No. 2010/1725 Y.D. decision
The justification for the decision of the court the plaintiff in the province who are working in Istanbul, "... the decision to cancel the process with all the results and would eliminate the appointment of the plaintiff in accordance with the decision of the judicial decision in accordance with the decision to cancel the last period between the date of return to its former position as a service is considered to be the old school is open in the past 5 years of uninterrupted work process and the account is actually the latest calculation from the date of inauguration of the regulation 22 the purpose of regulation is a more appropriate article would be. "are called. In short, the old institutions of the judicial decision of returnees with a 5-year pre-trial service period will be excluded when calculating the duration of the study.
2010/1012 Main Administrative Court No. 10-Trabzon YD decision
Administrative Court, decision No. 2010/1012 of Association of Trabzon, the provisions of the above criteria by taking the flat Anatolian high school in 2005 when high school science high school in 2010 in a converted school officials decided to suspend the process of rotation is applied to principal.
Administrative Court, decision No. 2010/1012 of Trabzon as a justification of Association, "Ministry of National Education Assignment and Relocation of Administrators of Educational Institutions There is a provision in the Directive on the Regulation 22 directors of educational institution educational institution located in article five-year study period as a result of the evaluation points from their places of duty completers değiştirileceğinin provision on the basis of the rule is attached, via the conversion of the plaintiff and his straight high school, Anatolian high schools and science high schools of each of a different nature and types of they are educational institutions, where different regulations and every one of these schools as an administrator to know the different conditions is being sought throw things considered, the plaintiff, the Anatolian high schools and even in high school, taking into account the duration of working periods of five years of compulsory study concluded that it is not possible. "the phrase used . "Claimant's 5-year compulsory education institution where the plaintiff understood his working time doldurmadığı science high schools as a compulsory subject to change in the law and regulatory compliance process for the declaration did not." Judge explained.
11 - Number of Sivas Regional Administrative Court of Appeal decision 2010/299 YD
The justification for the decision of the court in the province of Erzincan were working at the plaintiff; Erzincan Central People's Education Center and Evening Art School while working as a manager, as of this are different types of schools are open, Erzincan, Director of the Central Euphrates Primary School were told not conform to the law in making the assignment.
The above decisions of the judiciary are examined;
1 - School Governors are working in the school's merger with another school if their school, on the merger, since the calculation is considered as a 5-year period.
2 - School Governors' task into another school if the school is doing, on conversion to a 5-year period starting in the calculation are discussed.
3-School Director, working in the nature of the educational institution and an educational institution in accordance with the state assignment is warranted. (For example, the title of the task reduced be the level of elementary school level. Science High School, primary school, primary school, the assignment can not be the People's Education Centre)
Can be assigned to the appropriate state agency or a 4-School Governors next mandatory relocation should be postponed until the period of assignment.
5-School Director shall be mandatory for the status of the school where the previous task can be done to change the location. For example, the Anatolian High School, Anatolian High School of rotation can be applied. If the schools are empty between the School Governors and state the nature of his educational institution if there is no forced displacement of the appropriate educational institution must be postponed for 1 year.
6-educational institutions in violation of degree and type of assignment can be made. (For example, the People's Education Centre Girls' Vocational High School, the assignment can be made)
7-judicial decision of the Director of the school returned to the old institutions of pre-trial service period of 5 years of calculating working time will be excluded. 5-year period, started to work on account of the judicial decision to return to school with, since as will be discussed.
Ahmet Kandemir
Memurlar.net Teachers Section Officer
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