Decision of the judiciary on EYT member officials

Fevzi K. began his career as a civil servant in 2000. Fevzi K., who served in the military between May 27, 1997 and October 26, 1998 before becoming a civil servant, was added 1.5 years debt to his period of service in 2003.

Fevzi K. applied to the Department of Registration and Service of Public Servants of the General Directorate of Pension Services of SGK to withdraw the insurance start-up period equivalent to the period of military service of 18 months and calculate the retirement age accordingly.

The SGK rejected Fevzi K.’s application on the grounds that he did not work in the public service when he began his civil service on August 14, 2000 and during his debt-ridden military service. Fevzi K. also applied to the Ankara 18th Administrative Court for annulment of SGK’s decision, which he claimed was illegal, and correction of his retirement date to 2025 with compensation and salary.

COURT ANNOUNCES SSI DECISION

The Ankara 18th Administrative Court noted that according to the relevant article of the Social Insurance and General Health Insurance Law No. 5510, time spent under arms as a non-commissioned officer or private is considered insurance by debit.

The court did not consider that the plaintiff’s refusal fell within the scope of the pertinent article of Law No. 5510, because he did not work in the public service on the dates of his military service, and that a restriction not provided for in the law did not would apply by ‘interpretation’. In the judgment, it was provided that the plaintiff’s insurance period be rolled back from the start date of the insurance to the period of military service to which he was obligated. The court, which considered that the SGK’s decision was not in accordance with the law, issued an annulment decision.

‘NOT APPLIED THROUGH COMMENTS’

The Ankara 18th Administrative Court thus overturned Fevzi K.’s refusal on the grounds that he was not holding any public office at the time, ruling that a restriction not provided for in the law could not be applied by ‘comment’.

‘I WANT MY RIGHT, NOT SOMETHING I DON’T HAVE’

Fevzi K., who withdrew the start period of the insurance as well as the period of military service owed to the workers; However, he affirmed that this procedure does not apply to public servants and said: “This decision goes against the principle of equality of the Constitution. The Constitution is clear and unequivocal. The law regresses in favorable cases, not in adverse ones. However, SGK does not persistently enforce this law. I demand that this inconvenience be corrected as soon as possible. I want my right, not something I don’t have,” he said. (DHA)