Critique of Counting Duration of Military Service as Insurance Records In the light of the Decisions of General Board of the Administrative Justice Court

Document Type : Original Article

Authors

1 Phd graduated of Islamic Azad University, tehran, Iran,

2 Ph. D Student of Public Law, Imam Sadeq University, Tehran, Iran

Abstract

According to the Civil Service Law adopted in 1984, every Iranian male under the age of 18 is subject to the rules of military service. Considering that after the end of military service, people are employed in the private or public sector, one of the important issues regarding the military service is the possibility and method of counting two years of military service as a part of the insurance record. Noteworthy to say that according to the type of employment, there are different legal rules for counting military service in insurance records after completing the military service. Considering the jurisdiction of the Court of Administrative Justice in handling employment claims of government employees and complaints of persons subject to the Social Security Law in accordance with Article 10 of the Law on Organization and Procedure of the Court of Administrative Justice, it seems essential to study and review the judicial procedure of the Court of Administrative Justice regarding the quality and criteria for counting the insurance record. Based on the jurisprudence of the Court of Administrative Justice, counting the military service record as years of service and insurance records. In accordance with the judicial precedent of the Court of Administrative Justice, this issue can be studied separately for Armed Forces personnel, the insurers of the State Pension Fund and those covered by the Social Security Law. In this research, using a descriptive-analytical method, the quality of caounting the military service record as the insurance records has been examined by reviewing and analyzing the opinions of the General Assembly of the Court of Administrative Justice and related laws and regulations.

Considering the jurisdiction of the Court of Administrative Justice in handling employment claims of government employees and complaints of persons subject to the Social Security Law in accordance with Article 10 of the Law on Organization and Procedure of the Court of Administrative Justice, study and review the judicial procedure of the Court of Administrative Justice regarding the quality and criteria A history of insurance seems essential.According to the jurisprudence of the Court of Administrative Justice, the calculation of military service history as years of service and insurance can be studied separately for Armed Forces personnel, insurers of the State Pension Fund and those covered by the Social Security Law. In this research, using descriptive-analytical method, the quality of calculation of military service record in insurance records has been examined by reviewing and analyzing the opinions of the General Assembly of the Court of Administrative Justice and related laws and regulations.

Keywords


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Decisions of General Board of Administrative Justice Court

 

1. Decision N.420 dated 2007/9/9 of General Board of Administrative Justice Court.

2. Decision N.672 dated 2007/11/29 of General Board of Administrative Justice Court.

3. Decision N.1051 dated 2007/12/18 of General Board of Administrative Justice Court.

4. Decision N.1130 dated 2007/12/23 of General Board of Administrative Justice Court.

5. Decision N.2018 to 2019 dated 2008/2/17 of General Board of Administrative Justice Court.

6. Decision N.408 dated 2008/8/24 of General Board of Administrative Justice Court.

7. Decision N.484 dated 2008/10/19 of General Board of Administrative Justice Court.

8. Decision N.205 dated 2009/5/24 of General Board of Administrative Justice Court.

9. Decision N.90 dated 2010/5/31 of General Board of Administrative Justice Court.

10. Decision N.95 dated 2010/6/7 of General Board of Administrative Justice Court.

11. Decision N.945 dated 2014/2/24 of General Board of Administrative Justice Court.

12. Decision N.417 dated 2017/7/25 of General Board of Administrative Justice Court.

13. Decision N.2397 dated 2019/11/5 of General Board of Administrative Justice Court.

14. Decision N.257 dated 2020/5/5 of General Board of Administrative Justice Court.

15. Decision N.1441 dated 2021/1/5 of General Board of Administrative Justice Court.

16. Decision N.1546 dated 2021/1/19 of General Board of Administrative Justice Court.