8 DO IT 1 POSITIVE DECISION REGARDING THE STAGE
8 to the year 1 positive decision regarding the stage
On behalf of the union member, In the lawsuit filed upon the rejection of the request to be given a rank, claiming that the periods worked as a contracted teacher should be taken into account in the calculation of the eight-year period specified in the legislation.; Manisa 2. Administrative Court 2024/1059 E., 2025/619 K. numbered and 19.06.2025 In the decision dated; “…in dispute, transaction in question, 657 The period he worked as a contracted teacher within the scope of Article 4/B of Law no. 657 of Law No. 64/4 specified in the article 8 It is based on the justification that it cannot be evaluated in the calculation of the annual period.. mentioned above 652 To the Decree Law No. 668 In the Annex 4th article added by the 4th article of the Decree Law No., 657 Those who are appointed to teacher positions while working in contractual status within the scope of Article 4/B of Law No., their service period as contracted teachers, It has been stipulated that the acquired rights will be evaluated in determining the monthly grades and levels, provided that they do not exceed the grades they can be promoted to according to their educational status.. Accordingly, In accordance with Article 4/B, which is foreseen to be evaluated in determining the monthly degrees and levels of vested rights, the periods spent in contractual status; It is a reward for disciplined behavior for officers who provide continuous and successful service., "For civil servants who have not received any disciplinary punishment in the last eight years", which is the norm applied in the dispute and envisages an accessory gain in addition to the primary progress that can be achieved by working at least one year at the current level., A step progression is applied to be taken into account in increasing their monthly grades.” It is understood that it should also be taken into consideration in terms of the provision. In this situation, 657 Those who are appointed as permanent teachers within the scope of Article 4/A of the same Law while working in contractual status within the scope of Article 4/B of Law no., 652 Annex of Decree No. 4. In accordance with the article, the service period they spent as contracted teachers, In terms of determining the monthly degrees and levels of vested rights, 657 of Law No. 64. The provisions of the article must be applied to them., Accordingly, while it is necessary to examine whether the plaintiff has received disciplinary punishment within his eight-year service period, action should be taken according to the result to be reached., The voluntary application for step advancement is based on the "contracted service period" 8 It was concluded that the transaction in question was not in compliance with the law, with the justification that "it cannot be evaluated in the calculation of the annual period".. On the other hand, since the transaction in question is against the law,, In accordance with Article 125 of the Constitution, plaintiff - if any- loss of financial rights arising from the transaction in question, It must be paid by the defendant administration together with the legal interest to be accrued from the vesting date.” stating that the transaction in question to cancellation It has been decided.
