Kot v Ministry of Public Works

• Jurisdiction: Polonia
• Docket Number: Case No. 63
• Date: 02 March 1928
• Court: Supreme Administrative Court (Poland)

Supreme Administrative Court of Poland.

Case No. 63

Kot

and

(Polish) Ministry of Public Works.

State Succession — Succession in Matters of Administration — Continuance in Employment of Officials.

The Facts.—Plaintiff had been up to 1918 a petty official in the Austrian Roads Administration. Shortly after the Polish authorities took over the country he was told that he would be employed no longer. He applied to be either reinstated, or told why he would not be employed, or pensioned. This application having failed, he brought the present action to have the decision of the defendant quashed. Defendant pleaded that plaintiff had never been formally appointed by Polish authorities nor had he been sworn in, so that no public law relationship had arisen.

Held: (Following a previous decision) that “Polish authorities had the right to use their free discretion in accepting or not accepting for Polish service employees of the States...