The magistrate of the Contentious-Administrative Court number 1 of Pontevedra has issued a pioneering ruling in Galicia in which the Xunta is sentenced to pay financial compensation of 44,713 euros to a teacher for his dismissal as interim staff, a position he held for 30 years, after failing to pass the tests of a stabilization procedure called by the autonomous Administration.
In the ruling, released by the Superior Court of Xustiza of Galicia (TSXG), it is indicated that it is considered proven that the plaintiff provided teaching services for the Department of Education, uninterruptedly, through a series of concatenated appointments of temporary civil servant personnel, until he was dismissed, on August 31, 2023, for not obtaining the position.
The head of the Contentious-Administrative Court number 1 of Pontevedra explains in the ruling that article 2.6 of Law 20/2021, of December 28, on urgent measures to reduce temporary employment in public employment, recognizes the right to receive the compensation claimed, equivalent to the fixed remuneration of 20 days per year of service, up to a maximum of 12 monthly payments.
The magistrate states that, although the teacher’s dismissal “occurred legally, after a year he was again appointed on an interim basis by the Xunta for a full course (2024-2025) and that it was very difficult for him to have obtained compensation. for the excessive prolongation of their interim appointments through the channel of patrimonial responsibility (article 32 Law 40/2015)”, article 2.6 of Law 20/2021, of December 28, “recognizes this economic right in a clear and unquestionable manner.”
Appeal
The judge adds that said law “is mandatory for application, both by the Public Administrations concerned and by the jurisdictional bodies that supervise their actions.” The sentence is not finalsince an appeal can be filed against it.
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