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Prime Minister Rama loses trial in front of Rear Admiral who took out in reserve, pays 7 years salary

Politiko 2021-05-26 20:08:32

Prime Minister Rama loses trial in front of Rear Admiral who took out in

Rear Admiral Kristaq Gerveni was able to win against Prime Minister Edi Rama, Minister of Defense and Chief of General Staff of the Armed Forces.

Seven years ago, Prime Minister Rama decided to reserve Rear Admiral Kristaq Gerveni and since then, their confrontation has continued in court.

The reason for the withdrawal was that at that time the plaintiff Gerveni unjustly held the rank of "Admiral".

In the decision of the Court of Administrative Appeals that MCN has at its disposal, the Rear Admiral has challenged the decision given by the First Administrative Instance and his requests in this court were: “Repeal of the Order of the Prime Minister no. 242 dated 06.10.2014, 'On withdrawal from reserve' and other administrative action of the defendants in the phase of proposing the order and in the phase of its execution. Obligation of the defendants for appointment to office, according to rank and payment of salary differences from the date of termination of salary until the day of execution of the decision and legal interest on them. The obligation of the defendants to respect the plaintiff's military career by including him in the career competition.

If this request is not accepted, I request: The ascertainment of the absolute invalidity of the Prime Minister's Order no. 242 dated 06.10.2014, 'On withdrawal from reserve' and other administrative action of the defendants in the phase of proposing the order and in the phase of its execution.

Obligation of the defendants for appointment to office, according to the rank and payment of salary differences from the date of termination of salary until the day of execution of the decision and legal interest on them. The obligation of the defendants to respect the plaintiff's military career by including him in the career competition. Court costs borne by the defendants ”.

Although the First Instance ruled against him, the case was referred to Judge Ardian Dvorani on appeal. The latter, in the decision given on April 15, 2021, accepts some of the Rear Admiral's demands by opposing the Prime Minister's decision to put Gerven in full reserve seven years ago.

Not content with this, the Administrative Appeal decides that the Rear Admiral should be compensated with all the salaries he should have received from the time of the financial severance. Thus, with this decision, Gerveni manages to win in front of his "opponents", to earn a full seven years of salary and, the defendants must respect the plaintiff's career.  

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