[TRIANTAFYLLIDLS, J.] IN T H E M A T T E R O F A R T I C L E 146 O F T H E CONSTITUTION MENELAOS G E O R G H I A D E S A N D A N O T H E R , Applicants, and THE REPUBLIC OF CYPRUS. T H R O U G H T H E

Article 1

25 of the Constitution —Powers of the Council of Ministers to ask the Conuni<ision, for good reason, not to proceed to fill a vacant post. Public Service—Unestabiished officer—An unestabiished officer is, nevertheless, a "public officer" because he is the "holder of a public office" within the provisions of Article 122 of the Constitution—Therefore, the Public Service Commission, in the exercise of its competence

Article 125

of the Constitution, is entitled in its discretion to consider an unestabiished officer for purposes of promotion to a vacant public office —Although a permanent officer is to be preferred for purposes 827 1966 April 12, 16 May, 17 Dec.17 MENELAOS GEORGHIADES AND ANOTHER and THE REPUBLIC OF CYPRUS, THROUGH THE PUBLIC SERVICE COMMISSION 1966 April 12, 16 May. 17 Deo 17 MENFIAOS GEORGHIAIMS AND ANOTHER and ΓΗΙ REPUBLIC or CYPRUS, THROUGH T H E PUBLIC SFRWCE COMMISSION of such promotion to an unestabiished office/, all other things being equal—But in the present case all other things were not equal—Therefore it was reasonably open to the respondent Commission to select an unestabiished officer m preference to a peimanent one such as the Promotions—Promotion applicants of an unestabiished (temporary) officei in preference to a peimanent one—See Sen ice, immediately abo\e Peimanent officei—Promotion—Must ed officei iempouin be preferred to an unestabiish­ alt othei things being equal—See abo\e officei — Unestabiished pubhc officei—Memheis public semce—Plantation public undei Public etc—See of the abo\e Pi omotion s—7 he putpose of an appointment foi pi amotion ιs to plate the most suitable officei in the post concerned—In the piesint case if was icasonabh open to the icspondent Commission to act as it did in selecting foi appointment the Inteiested Panics in pieference to the applicants— Seniority Semoiit\ in setuce is onl\ one of the relevant considerations and not the decisive factor—See also

Public officers Public Semce abo\e and heiebelow Scnmiit) -See

Piomotions ahow Scheme of Ser\ice— Some \eais c\peiience —Meaning—Inletpielation—So loin; as an inteiprefatton gt\en b\ the icspondent Commission was icasonabh open to it the Couit will not interfere h\ substituting therefor its own mterpielation 1hen—Non-citizen of the Rep'iblu —Public Sei ιice— 4 nan citizen of the Republic (in this case a itieek subject) i\ not eligible foi appointment etc to am public office b\ the Public Semce Commission—This does not preclude the Council of Ministers fiom employing on contiact a non-citizen of the Republic—Such employment howewi would not lendei the person concerned a manbci of the public semce within iritcles \i% and I2S of the Constitution- Ναι would it amount to an appointment οι nomination in the sense of the Public liad/es and Public Offices (Appointment) Law Cap 80 Public Sei ιice— Alien—A pei son who is not a citizen of the Republic is not eligible foi appointment elc to a public office by the Public Ser\ice Commission—Powers of the Council of Minister s lo employ on contiact such peisan—See

Alien abo\e 828 and

Public Service Commission. Council of below. Ministers, Public Service Commission—Competence—Articles 125, 186 and 2 of the Constitution—Read together, those Articles leave no doubt that the Public Service Commission has no competence and, therefore, cannot proceed to appoint or promote to publicoffices a person not a citizen of the Republic—See, also,

Alien above; and

Public Service Commission herebelow. Public Service Commission—Competence—The Council of Ministers and its competence in relation to public service—The Public Service Commission is vested

the Constitution with only those powers which it has been expressly given

Article 125

of the Constitution—And any other powers in relation to the Public Service are vested in the Council of Ministers—See, also,

Alien, Public Service, and Public Service Commission, above. Council of Ministers—Its powers and competence in relation to public service—See above

Alien; and

PublicService Commission immediately above. Council of Ministers—Vacancies—Powers of the Council of Ministers to ask the Public Service Commission for good reason not to proceed to fill a vacant post—See. also,

Vacancies above. Competence—Competence of the Public Service Commission

Article 125of the Constitution—See above.

Competence—Competence of the Council of Ministers in relation to the public service—See above. Presumption of Competence—In favour of the Council of Ministers —See above

Public Service Commission. Public Service Commission—Free to regulate its own procedure— Not bound to adopt the procedure laid down by the General Orders—Free to adopt such practice and procedure as it may deem fit—So long as they are compatible with proper administration and the due exercise of its competence—Latitude of the Public Service Commission in interpreting schemes of service—See, also,

Public Service, Scheme of Service. above, and

General Orders, below. General Orders—Their legal force and effect—They 829 have not the 1966 April 12, 16 May, 17 Dec.17 MENELAOS GEORGHIADFS AND ANOTHER and THE REPUBLIC OF CYPRUS, THROUGH THE PUBLIC SERVICE COMMISSION 1966 April 12. 16 May, 17 Dec 17 MENELAOS GEORGHIADES AND ANOTHER and T H F REPUBLIC OF CYPRUS, THROUGH T H E PUBLIC SERVICE COMMISSION force of legislation after the coming into operation of the Constitution, viz after the i6th August, i960—They merely lay down administrative practice and procedure—See, also,

Public Service Commission, immediately above, and

Public Semce, above—General Orders—General Orders ΙΪ/Ι3, Il/I 14, II/I 17. Administrative Law—Constitutional Law—Article 146—Recourse

Article 146

—Time within each recourse has to be filed —Article 1463—Any doubt on the issue of such time must be tesohed m fayour of the applicant Time—Time ynthm which a recourse

Article 146

has to be filed—Doubt on this issue of time—Must be resolved in favour of the applicant—See, also, above Admimsttatne Law—Discretion—Proper exercise thereof on the basis of relexant criteria—Abuse oj power—Article 146 1 of the Constitution—Onus on the applicant to establish abuse of powers Abuse oj powers—Onus—See immediately above Discreiionan Powers—See

Admtmstratne Law abo\e, also

Public Officers abo\e. Constitutional Law—The competence of the Public Ser\ice Commis­ sion

Article 125

of the Constitution—The competence oj the Council of Ministers in iclatwn to public service— Presumption oj competence—See above undei Alien, Public Sen ice Commission, Council of Ministers Vacancies, abo\e E\idemt—OraI e\idencc· admissible to complete the picture of the ptoceedings befoie the Public Semce Commission Practice—One trial—One judgment—Two 01 more recourses

Article 146

of the Constitution aimed at one and the same administrate e decision—And where most of the issues arising thereinaie common—May be heard together andone /udgment mav be gt\en in respect of such two 01 more recourses. Both these recoursesare aimed at a decisionof the respon­ dent Public Service Commission dated 6th May, io65,by \irtue of which thefiveInterested Parties have been appointed to the post of Agricultural Officer, Class II One of the Interested Parties was appointed to thesaid post in a perman­ ent capacity, two were seconded to such post, onereceived 830 a temporary appointment and the last, G. Grivas. a noncitizen of the Republic (in fact being a Greek subject) received a temporary appointment on contract. The said decision of the Commission was challenged on various grounds, some raising issues common to all Interested Parties, some raising specific issues in relation to Interested Party Phocas. and some in relation to Interested Party Grivas, the above named non-citizen of the Republic. Article 125 of the Constitution provides: " 1 . Save where other express provision is made , it shall be the duty of the Public Service Commission to make the allocation of public offices between the two Communities and to appoint, confirm, emplace on the permanent or personal establishment, promote, transfer, retire and exercise disciplinary control over, including dismissal or removal from office of, public officers", By Article 122 of the Constitution "public office" means an office in the public service; "public officer" means the holder, whether substantive or temporary or acting, of a public office; and "public service" means any service

the Republic other than service in the army and includes service

the Cyprus Broadcasting Corporation, the Cyprus Inland Telecommunications Authority and the Electricity Authority of Cyprus and " ByArticle 123,paragraph 1,of the Constitution it is provided: " 1 . The public Service shall be composed as to seventy per centum ofGreeks and as to thirty per centum ofTurks". On another head Article 2 of the Constitution provides: "For the purposes of this Constitution— "{0 The Greek Community comprises all citizens of the Republic who are of Greek origin " "

Article 146

.3 of the Constitution should not be reckoned from any date prior to the 8th July, 1965, and that therefore, the two recourses having been filed on the 20th and 21st September. 1965, respectively, are within time. (b) And any doubt on the issue of a recourse being within time ought to be resolved in favour of the applicant (See Neophytou and the Republic {1964 C.L.R. 280 at p. 290).

the relevant scheme of service, there ought to have been an advertisement of the vacancies, a thing which, it is common ground, has not been done; reliance has been placed, in this connection, on general Order II/I.17. (

1. b)It has been held in the past, in unequivocal terms that General Orders have not continued in force, as legislation, after the Independence Day (viz. the 16th August, i960), (see Loizides and The Republic. 1 R.S.C.C. 107, at p. 112; Frangidesv. TheRepublic (reported in this Part at p. 181, ante at p.189)they only lay down, toacertain extent, administrative procedures which may be adopted as established practice. (
2. c)The Public Service Commission is. however, free in regulating its own proceedings, to adopt such practice and 832 procedures as it may deem fit. so long as they are compatible with properadministration and thedueexercise ofitscompetence. It is not bound to adopt the procedure laid down by any General Order. (
3. d)The practice of the Commission, when filling vacancies in "first entry and promotion posts" is not to advertise such vacancies if it is satisfied that there are candidates in the service, entitled to promotion thereto and suitable for such promotion; otherwise, they are advertised. (
4. e)This practice of the Commission (which is not, indeed, very different from what it is provided for

General Order II/I.17) is, in my opinion, a practice the adoption of which was properly open to the Commission, from all the material points in view. (See, also, Kyriakou and C.B.C.

Article 125of the Constitution, in relation to public officers.

"Public Officer" is defined in Article 122 of the Constitution to mean "the holder, whether substantive or temporary or acting, of a 'public office'; and "public office" isdefined, in Article 122,as "an office in the public service". (

1. c)I am, therefore, of the view that it was not improper for the respondent Commission, in theexerciseof its discretion to decide to consider an unestabiished officer, such as.Interested Party Phocas, together with established officers such as the applicants, for purposes of promotion to a vacant public office. (
2. d)It has been argued that such a course was contrary to General Order II/I.14. In the first place, as pointed earlier (supra) General Orders do not have the force of law. Secondly, the context of the particular General Order is such that it does not exclude

all circumstances, promoting a non-permanent officer. (B)(

1. a)It has, also, been contended in this connection that an unestabiished officer, such as Interested Party Phocas, could not be considered for the vacancies in question as long as there existed in the service suitable permanent officers such as applicants. (
2. b)Iquite agree that a permanent officer isto be preferred, for promotion purposes, to an unestabiished officer, all other things being equal. (
3. c)But in my opinion in the present case all other things were not equal in view of the qualifications of the Interested Party in question regarding specialized knowledge and experience. (
4. d)Therefore, on the material before me, I am not prepared to hold that the course adopted in the matter by the respondent Commission, is improper. On the contrary, it was reasonably open to it in the light of all the relevant circumstances. (C)(
5. a)The next objection taken to the validity of the promotion of this Interested Party is that he did not qualify for appointment to the post of Agricultural Officer, 835 1966 April 12, 16 May, 17 Dec. 17 MENELAOS GEOROHIADES AND ANOTHER and THE REPUBLIC OF CYPRUS, THROUGH THE PUBLIC SERVICE COMVOSSION April 12, 16 May, 17 Dec. 17 MENELAOS GEORGHIADES AND ANOTHER and T H E REPUBLIC OP CYPRUS, THROUGH T H E PUBLIC SERVICE COMMISSION Class II, because he did not possess "some years' experience". as required by the relevant scheme of service. (
6. b)I quite agree that "some years' experience" implies experience of at least two years or more. I agree also that experience prior to his entering the Government service in Cyprus, cannot be regarded as "experience" for the purposes of the said scheme of service; it ought to be "experience" in the first entry post from which he was promoted to the post of Agricultural Officer, Class II. (
7. c)The respondent Commission has, however, taken the view that this period of one year's spent by the aforesaid Phocas on scholarship in the U.S.A. for further studies in his field of work, could be taken into account and that, therefore, this Interested Party Phocas, has two and a half years' experience in the post below inasmuch as he served in the Department in Cyprus for an actual period of one and a half year. (
8. d)It has been held in Papapetrou and The Republic 2 R.S.C.C. 6i, at p. 69, that so long as an interpretation given to a scheme of service was reasonably open to the Commission (the respondent) the Court will not interfere and will not give it a different interpretation—nor, will the Court interfere with a decision of the Commission, in applying a scheme of service, if the conclusion reached by it was reasonably open to it in the circumstances (see Joscphides and The Republic, 2 R.S.C.C. 72). (
9. e)And I am quite satisfied that it was reasonably open to the Commission to take the view which he had and to treat the period spent abroad by Interested Party Phocas as relevant "experience" the more so as his studies in the U.S.A. included practical training. On the contrary I think that it would have been most unreasonable if such an officer, who while holding a certain post, had been sent abroad by Government for further studies in relation to his work, were to be penalized by losing the time he had properly spent abroad, through such time not being taken into account as "experience" for purposes of promotion.

Article 188o

f the Constitution, as being inconsistent with the Constitution; and that the context of Cap. 80 is such that it cannot be applied modified,

paragraph 4 of Article 188. (b) Bearing in mind what has been laid down in Pelides and The Republic 3 R.S.C.C. 13,at p. 18, I would be inclined to think that Cap. 80 can, and should be applied, modified

paragraph 4 of Article J88 of the Constitution. (

1. c)But I need not go into this matter, further because what we should be concerned with, in the first place, is the primary issueof whether or not the PublicService Commission had competence at all to decide on the appointment, on contract or otherwise, of a non-citizen of the Republic to a post in the public service. (
2. d)The competence of the Commission is to be found laid down in Article 125 of the Constitution (supra). It has been held in Papapetrou and The Republic (supra) at p. 66 that the Commission is vested

the Constitution with only those powers which it has been expressly given

Article 125

and that any other powers in relation to the public service are vested in the Council of Ministers. (

1. e)Reading together Articles 125, 186 and 2 of the Constitution (supra)therecan be no doubt that thecompetence of the Public Service Commission, as far as Greeks are concerned, extends only to those Greeks who are citizens of the Republic of Cyprus. It cannot proceed to appoint or promote to public office a Greek who is not a citizen of the Republic. It follows, also, that it can only exercise its competence asamong citizens of the Republic. It cannot consider together, as candidates for promotion, citizens and noncitizens. (
2. f)For the above reasons the decision of the respondent 837 1966 April 12, 16 May, 17 Dec. 17 MENELAOS GEORGHIADES AND ANOTHER and THE R E P U B U C OF CYPRUS, THROUGH T H E PUBLIC SERVICE COMMISSION 1966 April 12, 16 May, 17 Dec. 17 MENELAOS GEORGHIADES AND ANOTHER and THE REPUBUC OP CYPRUS, THROUGH THE PUBUC SERVICE COMMISSION Commission to promote Interested Party Grivas to a post in the public service, should be declared null and void and of no effect whatsoever. Per curiam: (
3. g)Nothing in the foregoing is intended to exclude the Council of Ministers from employing on contract a non-citizen of the Republic. Such employment would not, however, render the person concerned a member of the "public service"; nor would it amount, either, in my opinion as at present advised to an "appointment"or"nomination"in the sense of Cap. 8o.

Article 146(3).

In view of the fact, however, that exhibit 3 is clearly a letter seeking a reconsideration of the matter by the Commission, 841 1966 April 12. 16 May, 17 Dec. 17 MENELAOS GEORGHIADES AND ANOTHER and THE REPUBLIC OF CYPRUS. THROUGH T H E PUBLIC SERVICE COMMISSION 1966 April 12, 16 May, 17 Dec. 17 MENELAOS GEORGHIADES AND ANOTHER and T H E REPUBLIC OF CYPRUS, THROUGH T H B PUBLIC SERVICE COMMISSION and it cannot be said, without doubt, that this Applicant knew of the decision of the Commission as final before he received an answer dated 20th July, 1965, (see exhibit 4). or, at any rate, at the earliest, before he saw three of the appointments concerned gazetted on the 8th July, 1965, I am inclined to the view that the period prescribed

Article 146

General Order II/I.17) is, in my opinion, a practice the adoption of which was properly open to the Commission, from all material points in view. (See, also, Kyriacou and C.B.C.

Article 125ofthe Constitution, in relation to public officers.

"Public officer" is defined, in Article 122 of the Constitution, to mean "the holder, whether substantive or temporary or acting, of a 'public office'" ; and "public office" is defined, in Article 122, as "an office in the public service". I am, therefore, of the view that it was not improper for the Commission, in the exercise of its discretion, to decide to consider an unestabiished officer, such as Interested Party Phocas together with established officers, such as the Applicants, for purposes of promotion to a vacant public office. It has been argued that such a course was contrary to General Order II/I.14. In the first place, as pointed out already, earlier in this Judgment, General Orders do not have theforce oflaw. Secondly, thecontext ofthe particular General Order is such that it does not exclude,

all circumstances, promoting a non-permanent officer. It has been contended also, in this connection, that an unestabiished officer, such as Interested.Party Phocas, could not be considered for the vacancies in question so long as there—allegedly—existed in the service suitable permanent officers such as Applicants. I quite agree that a permanent officer is to be preferred, for promotion purposes, to an unestabiished one, all other things being equal. But in my opinion all other things in the present instance were not equal. The Commission was dealing with vacancies in posts requiring specialized knowledge and experience and Interested Party Phocas, though unestabiished, had already been on a Government scholarship in the U.S.A. to study Agronomy and related subjects (as shown in exhibit 11). He was at the material time employed in one of the Sections for the purposes of which the vacancies in question were to be filled, whereas the Applicants were not so employed. He was,by the sub judice decision of the Commission, promoted and appointed to a temporary post, created by the Development Budget not to a permanent one. On the material before me I am, indeed, not prepared to hold that the course adopted by 847 1966 April 12, 16 May, 17 Dec. 17 MENELAOS GEORGHIADES ANDANOTHER and THE REPUBUCOF CYPRUS, THROUGH THE PUBLIC SERVICE COMMISSION 1966 April 12, 16 May, 17 Dec. 17 the Commission, in this matter, is improper; on the contrary. in my opinion, it was reasonably open to it in the light of all relevant circumstances. MENELAOS GEORGHIADES AND ANOTHER The next objection taken to the validity of the promotion of this Interested Party is that he did not qualify for appoint­ ment to the post of Agricultural Officer, class II, because he did not possess "some years* experience", as required by the relevant scheme of service. and T H E REPUBLIC OF CYPRUS, THROUGH T H E PUBLIC SERVICE COMMISSION Having been appointed in November 1962, he was sent on Government scholarship to the U.S.A. in December, 1963; he returned and resumed duties in January, 1965. In effect, he served in the Department, prior to his promotion, for an actual period of about one and a half year, having been away for a year in the meantime. I quite agree with Mr. Protestos who stated in evidence that "some years' experience" implies experience of at least two years or more. So, if we were to regard as "experience" only the time of one and a half year, when he was actually serving in Cyprus, it would appear that he was not qualified for promotion to Agricultural Officer, class II,

the relevant scheme of service; and Iwould agree in this respect, also, with counsel for Applicants—and Mr. Protestos too—that previous experi­ ence, prior to his entering the Government service in Cyprus, cannot be regarded as "experience" for the purposes of the relevant scheme of service; it ought to be "experience" in the first entry post from which he was promoted to the post of Agricultural Officer, class II. The Commission has, however, taken the view that the period spent on Government scholarship in the U.S.A., for further studies in hisfieldof work, could be taken intoaccount as relevant "experience" and that, therefore, Interested Party Phocas had two and a half years' experience in the post immediately below that of Agricultural Officer, class II. Ηhas been held in Papapetrou and TheRepublic(2 R.S.C.C. p. 61 at p. 69) that so long as an interpretation given to a scheme of service was reasonably open to the Commission the Court will not give it a different interpretation. Nor will the Court interfere with a decision of the Commission, in applying a scheme of service, if the conclusion reached by it was reasonably open--to it in the circumstances (see Josephides and The Republic 2 R.S.C.C. p. 72). I am quite \ 848 satisfied that it was reasonably open to the Commission to take the view which it did and to treat the period spent abroad by Interested Party Phocas as relevant "experience", the more so as his studies in the U.S.A. included practical training, (see exhibit 11). On the contrary, I think that it would have been most unreasonable if such an officer, who, while holding a certain post, had been sent abroad by Government for further studies in relation to his work, were to be penalized by losing the time he had properly spent abroad, through such time not being taken into account as "experience" for purposes of promotion. We come, next, to deal specifically with the validity of the appointment of Interested Party Grivas:Being a Greek citizen, and not a citizen of the Republic, he was appointed on a two-year contract, on the 1st January, 1957, in the post of Agricultural Superintendent, 2nd grade, and employed in soil survey work. As from the 1st January, 1958, he was given the post of Agricultural Superintendent, 1st grade. In 1959hewassent, onGovernment scholarship, to Holland to study interpretation of aerial photographs, in connection with soil survey work. His contract was being renewed, from time to time, and the last renewal was for a year as from the 1st January, 1965, by decision of the Pubhc Service Commission, dated 1st October, 1964,(seeexhibit8),to which the matter was referred by the Council of Ministers by decision No. 4141 dated the 22nd September, 1964 (see exhibit 7). While Interested Party Grivas was serving on contract, as above, the question of the filling of the posts, in question, of Agricultural Officer, class II, came up before the Commission, as aforesaid, on the 6th May,

1. According to the evidence of the Director of tKeDepartment of Agriculture, Mr. Michaelides, who was present at the relevant meeting of the Commission, it was really he who pointed out to the Commission the said Interested Party as a candidate for the vacancies concerned,'in view of his qualifications; as a result, as it appears from its minutes (exhibit 2), the Commission decided to appoint him as temporary, on contract. to one of the vacant posts of Agricultural Officer, class II. 849 1966 April 12, 16 May, 17 Dec. 17 MENELAOS GEORGHIADLS AND ANOTHER and THE REPUBLIC OF CYPRUS, THROUGH T H E PUBLIC SERVICE COMMISSION 1966 April 12, 16 May, 17 Dec. 17 MENELAOS GEORGHIADES AND ANOTHER and T H E REPUBLIC OF CYPRUS, THROUGH T H E PUBLIC SERVICE COMMISSION As Mr Protestos, a member of the Commission, has put it, in evidence before this Court:- "We knew at the time when weappointed Mr.Grivasthat hewasservingon contract. So, at the time, what we did, in effect, was to select Mr. Grivas for promotion and then request authority from Government to appoint him on contract to the new post". The matter was, then, referred to the Council of Ministers, by the Ministry of Agriculture, on the 12th June, 1965, (see the relevant submission, exhibit 10). On the 17th June, 1965, the Council of Ministers took the following decision (see exhibit 6);~ "With reference to Decision No. 4141, the Council decided that the Public Service Commission should be asked to consider the amendment of the existing contract of employment of Mr. Georghios Grivas, Agricultural Superintendent, 1st Grade, as follows:(a) the title of the post to be offered to Mr. Grivas should be changed to Agricultural Officer, 2nd Grade; (b) the duration of the contract should be until the 31st December, 1966, renewable from year to year; and (c) the salary scale of the post should be £900x30£1020x36-£
2. Mr. Grivas will continue to receive his present salary, i.e. £930 p.a., and the payment of his increments will be in accordance with the existing regulations". After such decision, the Commission did not, apparently, take any further formal decision, because, as stated by counsel for Respondent, there was an already taken decision of the Commission, dated 6th May, 1965, (exhibit 2) appointing Interested Party Grivas to the post concerned. So, on the 9th July, 1965,the "Chairman Public Service Commission for and on behalf of the Government of the Republic" proceeded to sign a new contract with Interested Party Grivas (exhibit \QA), relating to his appointment to the post of Agricultural Officer, class II, for a period ending, initially, on the 31st December, 1966, but renewable from year to year. 850 The main objection of the Applicants to the validity of the appointment of this Interested Party is that he could not be appointed by the Commission to a post in the public service, in view of the fact that he is not a citizen of the Republic. It hasbeen argued, further, that such appointment is excluded both by the Public Bodies and Public Offices (Appointment) Law,"Cap. 80 and General Order I1/I.
3. It has been submitted in reply by counsel for Respondent —and quite correctly—that the General Orders have no longer any binding force; he has argued, further, that Cap. 80 has ceased to be in force,

Article 188, as inconsistent with the Constitution; and that the context of Cap.

80 is such that it cannot be applied modified,

paragraph 4 of Article 188. Bearing in mind what has been laid down in Pelidesand The Republic(3 R.S.C.C. p. 13,at p. 18), I would be inclined to think that Cap. 80 can, and should be applied, modified

paragraph 4 of Article 188. But I need not go into this matter, further, because what we should be concerned with, in the first place, is the primary issue of whether or not the Public Service Commission had competence at all to decide on the appointment, on contract or otherwise, of a non-citizen of the Republic to a post in the public service. It is abundantly clear from exhibit 2 that the Commission did decide, itself, to appoint Interested Party Grivas to the post of Agricultural Officer, class II; then the matter was placed before the Council of Ministers in order to secure implementation of the appointment; the Council of Ministers did not, at that stage, take any decision to appoint, but it referred the matter back to the Commission, for consideration along certain lines (see exhibit 6); the Commission, regarding the matters raised by the Council as being already, in effect, decided upon by its previous decision of the 6th May, 1966 (exhibit 2), did not take any new decision in the matter, and its Chairman proceeded to sign the relevant contract. The competence of the Commission is to be found laid down in Article 125 of the Constitution"; It has been held in Papapetrou and The Republic (supra, at p. 66) that the Commission is vested

the Constitution with only those powers which it has expressly been given

Article 125a

nd that any other powers in relation to the public service are vested in the Council of Ministers. 851 1966 April 12, 16 May, 17 Dec.-17 MENELAOS GEORGHIADES AND ANOTHER and T H E REPUBLIC OF CYPRUS, THROUGH THE PUBLIC SERVICE COMMISSION 1966 April 12, 16 May, 17 Dec. 17 MENELAOS GEORGHIACFS AND ANOTHER and T H E R E P U B L I C OF CYPRUS, THROUGH T H E PUBLIC SERVICE COMMISSION Reading together Articles 125, 186and 2of the constitution therecan be no doubt that the competence of the Commission extends, as far as Greeks are concerned, only to those Greeks who are citizens of the Republic of Cyprus. It cannot proceed to appoint or promote to public office a Greek who is not a citizen of the Republic. It follows, also, that it can only exercise its competence as among citizens of the Republic. It cannot consider together, as candidates for promotion, citizens and non-citizens. For the above reasons I have reached the conclusion that the decision taken by the Commission on the 6th May, 1965, (exhibit 2), to promote Interested Party Grivas to a post in the public service, should be declared to be null and void and of no effect whatsoever, as a decision beyond the competence of the Public Service Commission, and thus, unconstitutional and in excess and in abuse of powers. Nothing in the foregoing isintended to exclude the Council of Ministers from employing on contract a non-citizen of the Republic. Such employment would not, however, render the person concerned amember ofthe "public service"; nor would it amount, either—in my opinion, as at present advised—to an "appointment" or "nomination" in the sense of Cap.

1. Counsel for the Interested Parties has submitted that, as Interested Party Grivas was appointed on contract, the post in question could be deemed as being all along vacant; and that in any case this Court cannot in these proceedings annul the contract of employment of the said Interested Party (exhibit \0A). i agree that the said contract is not a subject-matter of these recourses and I need not pronounce on its effect and validity; in any case its renewal would have to be reconsidered at the end of
2. Nor can I decide now in this Judgment, whether, if such contract is to be renewed, on the same terms, then, in such a case, the relevant post of Agricultural Officer, class II, may be regarded as being vacant. It may well be that—because of budgetary requirements— a person employed on contract can only be so employed in relation to a particular vacant post. It is up to the appropriate authorities todecide, inthelight of this Judgment, whether or not thereexistsinfact a vacant post of Agricultural Officer, class II, and if so to proceed to fill it in the proper 852 manner; in other words, if the Council of Ministers were to decide to continue employing Interested Party Grivas, on contract, and such employment, for budgetary reasons, can only be made as against a vacant post, then the temporary post in question of Agricultural Officer, class II, created by the Development Budget, would not have to be filled at all by the Commission in the exercise of its powers

Article 125

; and the Council of Ministers may ask the Commission, for good reason, not to proceed to fill a vacant post (see Contopoullos and Tire Republic, 1964 C.L.R. 347 at p. 352); if, on the other hand, the employment on contract of Interested Party Grivas does not continue, or continues without affecting the existence of the vacancy in question, then it is up to the Public Service Commission to fill such vacancy in the proper manner and within the limits of its competence. In the result the sub judice decision of the Commission, exhibit 2,isannulled in part, in so far as itpromotes Interested Party Grivas, and is otherwise confirmed. Regarding costs 1 order, in all the circumstances, that the Respondent shall pay each Applicant £15 towards costs. Order and order as- to costs in terms. 853 1966 April 12, 16 May, 17 Dec. 17 MENELAOS GEORGHIADES AND ANOTHER and THE REPUBLIC OF CYPRUS, THROUGH T H E PUBLIC SERVICE COMMISSION