Civil Servant Relocation Reimbursement Denial Due to Administrative Silence
Synthèse Legislator
Généré par l'IAA civil servant, following a service transfer, requested reimbursement for relocation expenses, arguing the administration had tacitly accepted their claim by remaining silent for several months after the official submission; however, the court rejected the claim, reasoning that administrative silence in response to a request for reimbursement of expenses related to mandatory service transfer, absent any specific legal provision or established administrative practice establishing a presumption of acceptance from silence, does not equate to tacit approval, thus requiring an express decision for the claim to be legally recognized and payable.
Regeste Legislator
Généré par l'IACivil Servant Relocation Reimbursement Denial Due to Administrative Silence: A civil servant, following a service transfer, requested reimbursement for relocation expenses, arguing the administration had tacitly accepted their claim by remaining silent for several months after the official submission; however, the court rejected the claim, reasoning that administrative silence in response to a request for reimbursement of expenses related to mandatory service transfer, absent any specific legal provision or established administrative practice establishing a presumption of acceptance from silence, does not equate to tacit approval, thus requiring an express decision for the claim to be legally recognized and payable.