📋 Tender Overview
The First Chamber of the Constitutional Court, by majority, declared the right to the pension, in the salary scale requested by a plaintiff, when it did not receive a response from the defendant entity, despite the fact that the facts alleged in the complaint had been considered true if it did not deliver the requested documentation, in order to compare the documents submitted by the plaintiff with those of the defendant. The Chamber's requirements were made from September 2022 to February 2023.
This was established in the judgment handed down in file No. 00434-2022-PA/TC, an amparo lawsuit filed by Doris Lita Fernández de Núñez, who until 1987 served in the position and level of technician in Laboratory II, career level 12 in the Regional Health Directorate of Arequipa (Mollendo Support Hospital), but when she was transferred to the Peruvian Institute of Social Security (Mollendo Integrated Hospital) she was dismissed in January 1991, in a T-43-5 career line as a non-qualified technician that was not the one she was entitled to, in accordance with Decree Law 18160, which establishes the National System for the Classification of Positions in Public Sector Dependencies.
The majority established that, in consideration of the warning and the need to take into account that, when certain means of evidence are only in the possession of one of the parties and that their non-delivery may cause direct prejudice to the claimant, it was necessary to apply that criterion to the specific case. In this way, it accepted as true the facts raised by the applicant, and considered the claim brought by Doris Fernández de Núñez to be legitimate.
