Legal Problem Relating to Order for The Cancellation of Promotion and Appointment to Higher Position of Government Teacher and Educational Personnel After Death

Abstract

Personnel management problems related to promotion and appointment to higher positions under the Law on Government Teacher and Educational Personnel are essential legal issues that Government Teacher and Educational Personnel Act B.E. 2547 (2004), Section 63 lays down the principle that any government teacher or education personnel who is appointed to be promoted or promoted in academic standing without meeting the position criteria or academic standing standards or not through the process of promotion or promotion process according to the law in the rules and procedures prescribed by the Committee on Government Teachers and Education Personnel the person having the power to order the recruitment and appointment of such person shall promptly return to his former position or academic standing. Such law does not provide rules, procedures, and periods for revoking or revoking orders for appointment, promotion, and appointment to higher positions of government teachers and education personnel after death. There are many legal issues.This research aims to investigate legal issues and analyze problems related to the cancellation of promotion orders and appointments to higher positions for government teachers and educational personnel who have passed away against their legal preferences. The study compares the revocation or withdrawal of orders by the Thai government with laws in other countries, specifically the Federal Republic of Germany and the French Republic. The research reveals that the application of laws and discretion in canceling or withdrawing promotion and appointment orders varies unfairly, impacting those affected by the orders differently. In essence, the orders do not legally bind officials who have passed away, and withdrawing orders that are disagreeable is a discretionary matter that may be retroactive or have future effects. The study finds that orders for benefits beyond ninety days cannot be revoked. When comparing the withdrawal of orders providing disagreeable benefits, the research shows that the legal timeframe for withdrawal in Thailand is shorter than in the Federal Republic of Germany. Meanwhile, the French Republic has stricter limitations, requiring actions to be taken within four months from the date of the order. Germany emphasizes the principle of protecting trust or good faith more explicitly than Thailand, while France clearly applies principles safeguarding the stability of rights. To ensure fairness, it is recommended to introduce additional provisions in the Government Teacher and Educational Personnel Act B.E. 2547 (2004) and the provisions in the Administrative Procedure Act B.E. 2539 (1996) as well.