KOTSONI ν. REPUBLIC
(1987)3 CLR 1809 THE CYPRUS LAW REPORTS ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ CyLaw | Αναφορικά μ'εμάς | " target="_top">Επικοινωνία | Όροι χρήσης Έρευνα - Κατάλογος Αποφάσεων - Εμφάνιση Αναφορών (Noteup on) - Αρχείο σε μορφή PDF - Αφαίρεση Υπογραμμίσεων
(1987)3 CLR 1809 1986 March 22 [TRIANTAFYLLIDES, P.] IN THE MATTER OF ARTICLE 146 OF THE CONSTITUTION CLEOPATRA KOTSONI, Applicant, v. THE REPUBLIC OF CYPRUS, THROUGH THE EDUCATIONAL SERVICE COMMISSION, Respondent. (Case No. 830/85). Educational Officers - The Educational Officers (Teaching Staff) (Appointments, Postings, Promotions, Transfers and Related Matters) (Amendment) Regulations 71/85 - Reg. 23
(2)-Ultra vires enabling law-Aristides v. The Republic (1 986) 3 C.L.R. 466 followed. Executory act - Partial transfer of educational officer altering such officer's obligations in relation to the performance of her duties - An executory act. The applicant, who is a schoolmistress of music in the secondary education, was posted at Paphos «Gymnasium B» By a decision dated 9.885 the applicant was, also, posted for part of each week at the Polemi Gymnasium. By means of the sub judice decision the applicant was posted for part of the week at Kato Pyrgos, instead of at Polemi. This decision was taken under the aforesaid Regulation 23
(2)in order to satisfy the priority claim of another educationalist. Held, annulling the sub judice decision:
(1)Kato Pyrgos is by far a more distant place from Paphos than Polemi. The applicant resides in Paphos. It follows that the sub judice decision altered the obligations of the applicant in relation to the performance of her duties and it is, therefore, an executory decision.
(2)Reg. 23
(2)of the aforesaid regulations is ultra vires the enabling law. (Aristides v. The Republic
(1986)3 C.L.R. 466 adopted). Sub judice decision annulled. No order as to costs. Cases referred to: Aristides v. The Republic
(1986)3 C.L.R.
- Recourse. Recourse against the decision of the respondent to transfer applicant from Paphos to K. Pyrghos for eight teaching periods per week. N Clerides, for the applicant. N Charalambous, Senior Counsel of the Republic, with E. Papadopoullou (Mrs.), for the respondent. Cur. adv. vult. TRIANTAFYLLIDES P. read the following judgment. The applicant challenges the decision of the respondent Educational Service Commission to partly transfer her from Paphos to Kato Pyrgos for eight teaching periods per week. The applicant is a schoolmistress of music and she has been serving in Secondary Education for about twenty-four years. On 9 August 1985 the respondent Commission decided to partly transfer the applicant from the Gymnasium B in Paphos, where she was posted at the time, to the Polemi Gymnasium for part of each week and she would remain at the «Gymnasium B» in Paphos for the remaining part of the week. Then, on 13 September 1985, the Commission decided to post the applicant at Kato Pyrgos, instead of at Polemi, for eight teaching periods per week; and against this partial transfer the present recourse was made on 27 September
- It may be judicially noticed that Kato Pyrgos is by far a more distant place from Paphos than Polemi and the applicant, who resides with her husband in Paphos and teaches there at the «Gymnasium B» for part of each week, was definitely affected to her detriment by being made to travel to Kato Pyrgos, instead of to Polemi, for the performance of her part-time duties away from Paphos. It follows that the decision of the respondent Commission, dated 13 September 1985, which radically altered the obligations of the applicant in relation to the performance of her duties, is an executory decision which could be challenged by means of the present recourse, even though it is a decision for partial transfer, and not for a full transfer, of the applicant. For the reasons set out in the judgment which I have delivered in the closely related case of Anstides v. The Republic (case No. 813/85) I hold that the aforesaid decision of 12 September 1985 has to be annulled inasmuch as, from the material before me it appears that there was taken into account, in reaching such decision, the priority claim to more favourable than the applicant treatment, as regards transfer, of another educationalist, D. Panayides, who was posted at Polemi in the place of the applicant who, consequently, was moved to Kato Pyrgos. The said priority was determined in accordance with regulation 23
(2)of the Educational Officers (Teaching Staff) (Appointments, Postings, Transfers, Promotions and Related Matters) (Amendment) Regulations 1985 (Regulations 71/85), which I have found in my judgment in the Aristides case, supra, to be ultra vires the Public Educational Service Law, 1969 (Law 10/69). Consequently, this recourse succeeds; but I will make no order as to its costs. Sub judice decision annulled. No order as to costs. cylaw.org: Από το ΚΙΝOΠ/CyLii για τον Παγκύπριο Δικηγορικό Σύλλογο