The SES recognizes an excluded orderly following a court ruling

The General Directorate of Human Resources of the Extremadura Health Service (SES) has issued a resolution, dated August 26, 2026, executing judgment no. 57/2026, of June 5, from Court no. 2 of the Contentious-Administrative Section of the Court of First Instance of Mérida, and recognizes Mr. Juan de Dios Fernández Cid as permanent statutory staff in the category of Orderly. The decision is published in the Official Gazette of Extremadura (DOE) number 172, of September 4, 2026, with the official reference 2026062231.

The ruling fully upholds the contentious-administrative appeal filed by the interested party, represented by Mr. José Manuel Corbacho Palacios, against the resolution of December 13, 2024, which agreed upon his exclusion from the stabilization selection process for access to the status of permanent statutory staff in the category of Orderly in the health institutions of the SES, convened by resolution of December 20, 2022.

A stabilization process corrected by the courts

The judgment declared the exclusion to be contrary to Law and ordered the Administration to pay the plaintiff for the economic damages caused, based on the salaries he should have received as permanent statutory staff from the moment the stabilization process was resolved until his ordinary retirement, subtracting what had already been received in the temporary or interim position to avoid double payment of salaries.

In execution of the ruling, the resolution recognizes the right of Mr. Juan de Dios Fernández Cid to acquire the status of permanent statutory staff, as it has been proven that he meets the requirements demanded in the rules of the call. The economic effects are retroactive to January 23, 2025, the date on which the candidates who passed the process took office according to the resolution of January 3, 2025 (DOE no. 6, of January 10, 2025).

The recognized amount and the computed period

The interested party retired ordinarily on September 27, 2025. During the period between January 23 and September 27, 2025, he provided services as a Presser at the Perpetuo Socorro Hospital of Badajoz, receiving the remuneration corresponding to that category.

• Recognized amount: 315.65 euros.
• Concept: salary difference between the category of Presser and that of Orderly.
• Period: from January 23, 2025, to September 27, 2025.
• Resolving body: General Directorate of Human Resources of the SES.
• Signature: José Antonio Bote Paz, Director General of Human Resources.

Regulatory framework of the execution

The resolution is based on Article 40.1 of Decree 1/2022, of January 12, which assigns the material execution of final judgments to the body competent by reason of the subject matter, and on Decree 59/1991, of July 23, which regulates the administrative processing in the execution of judicial resolutions. Likewise, the preservation of acts and procedures not affected is ordered in accordance with Article 51 of Law 39/2015, of October 1, and the interested party is reminded of the possibility of promoting the execution incident provided for in Article 109 of Law 29/1998, regulating the Contentious-Administrative Jurisdiction.

Relevance for stabilization processes

The resolution reinforces the legal certainty of the stabilization processes for Extremaduran healthcare personnel, by demonstrating that exclusions can be reviewed and corrected by the courts when they do not comply with the rules of the call. For applicants affected by similar decisions, the case sets a precedent regarding the right to fixed statutory personnel status and to financial compensation for the remuneration not received.

Source: Official Gazette of Extremadura, no. 172, September 4, 2026, section III (official reference: 2026062231).