3 C.L.R. 1986 November 17 [PIKIS, J.l IN THE MATTER OF ARTICLE 146 OF THE CONSTITUTION CHARALAMBOS AVRAAM AND ANOTHER, Applicants, v. THE REPUBLIC OF CYPRUS, THROUGH THE PUBLIC SERVICE COMMISSION. Respondent. (Consolidated Cases Nos. 546/84 and 559f84). 5 10 15 20 Public Officers—Appointments —First entry post —Temporary government employees applying for appointment—Such applications not equated procedurally or otherwise with candidature for promotions—Such employees are not "public servants" in the sense of section 2 of the Public Service Law 33/67—Quality of their work may be imparted to the P.S.C. as an element of their ability—Otherwise the avenues of appointment should be kept as open as possible. Public Officers—Appointments—First entry post—Interview, performance at—Carries greater weight than it does in cases of promotion. The applicants, who had been employed for a long time on a temporary basis as foremen in the Nicosia District Administration, challenge the appointment of the interested parties to the post of foreman, which is a first entry post, on the following grounds, namely failure to follow the procedure ordained by s. 44 of the Public Service Law ;md make the appointments within the legal framework applicable to promotions and inadequacy of reasoning. Held, dismissing the recourse;
(1)The applicants were not "public servants" in the sense of section 2 of Law 2321 Avraam v. Republic .{1986) 33/67, notwithstanding their link with government admi nistration. Aside from this fact, the post was a first entr\ post and the test of appointment is suitability for joining the service at the particular post. Nothing said in Smyrnhs v. The Republic
(1983)3 C.L.R. I.24. cited by counsel for 5 the applican's. supports the view that either temporary officers applying for appointment should be treated as pu blic servants or that applications from such persons for appointment should be equated procedurally or otherwise with candidature for promotion. Of course, knowledge 10 gained about the quality of their work may be imparted to the P.S.C. as an element of their ability, but otherwise ihe avenues of appointment to such posts must be 'kept as open as possible.
(2)The sub judice decision does not lack due reasonin;;. 15 iEvery relevant consideration was taken .into account. The performance at the interview carries in case.of appointment :to a first entry post greater weight than it carries .in a case .of (promotion. 20 Recourse dismissed. No order as to costs. Cases referred no: 'Smyrnios v. The Republic
(1983)3 C.L.R. 124: Maraihevtou and C.L.R. 1088; Others v. The Republic
(1982)3 25 Wapantoniou and Others v. -The Republic
(1968)3 CiL.R. 233: •'Christotuiias v. The Republic
(1984)3 C.L.R. 657. Recourses. -Recourses against the decision .of the respondent to apjpoint -the 'interested .parties as foremen in the 'District Ad ministration «in preference and 'instead of the -.applicants. Έ. 'Efstatfiiou with M. Tsangarides, 'for 'the applicants. ,2322 30 3 C.L.R. Avraam v. Republic M. Florenrzos, Senior Counsel of the Republic, for the respondent. Cur. adv. vulf. Pnas J. read the following judgment. The applicants 5 were employed on a temporary basis as foremen in the Nicosia District Administration. They were remunerated on an hourly basis. They served in that capacity for long, applicant Tsangarides since 1964 and applicant Avraam since 1970. 10 In 1982 17 posts of foremen were opened and applications were invited from interested parties. Being a first entry post, entry was not confined to those in the service, though a good number of persons served, like the applicants. on a temporary basis as foremen. 104 candidates 15 applied for appointment. The Departmental Committee recommended 68 of them as eligible and suitable for appointment, including the applicants and interested parties. The recommended candidates were interviewed by the respondents in the presence of a representative of the Ministry 20 of Interior, namely, Mr. Kontozis. At the end of the interviews, Mr. Kontozis passed to the repondents his views on the performance of the candidates at the interviews and further apprised them of the assessment of the Ministry respecting the value of the services of 25 those who had served in their department on a temporaiy basis. After due evaluation of the application of each candidate, the assessment made by Mr. Kontozis and lastly their performance at the interview respondents found that the 30 interested parties and 13 other candidates were the most suitable candidates and proceeded to appoint them to the corresponding number of vacant posts. Two separate grounds were advanced by the applicants allegedly invalidating the decision—(
- a)Fa'lure to follow the procedure 35 ordained by s. 44 of the Public Service Law and make the appointments within the legal frame work applicable to promotions, and (
- b)Inadequacy of reasoning. In the address of counsel no suggestion was made that 2323 Pikis J. Avraam ν Republic (19S0) the applicants were, on the basis of the material before the respondents, in any way superior to the six interested part'es The performance of all st\ of 'hem a* work and at the interviews was ruted by Mr. Kontiv-s us better than that of applicant Tsangandes: and the sline is true with regard to applicant Avraam as compared to interested par ties C. Georghiou. A. Damianos and G Dcmc-triou. The rating of the other three interested parties was equal to thru of Avraam. s Notwithstanding the link applicants had with government 10 Administration, they were no* mibhc servants within The meaning of 'he h>w (See de! p.iliop of "pubic servant" in s. 2 ot Law 33/67). Aside from tlrs Iact, the post was a first entry post and the 'est ot appointment is suitability tor joining the service <*t the nariicuU>" pos- The case of 15 Smyrnios v. The Republic^) relied uoon by the applicants. carries their c;>se no further The relevance of that case I eson the importance of senior/v as a factor for promotion Nothing said in that judgment supports the view that either temporary officers applying for appointment should be 20 treated ;>s public servants or 'hat applications from tem porary employees of government for appo:ntment should be equated procedurally or otherwise with cand : daturc for promotion. Of course, knowledge gained by the appropriate department of government about the quality of work of tip 25 plicants gained through their temporary service may legi timately be imparted to the P.S.C. as an clement reflecting on the<r abil:fy, otherwise the avenues for appevntment to first entrv posts, as often stressed, should be kept as open as possible in the interest of effective equality among the 30 : 2 cand dates( ). The procedure followed was. in mv judeinent. the one envisaged by the law and cannot be faulted for the re-i^ons suggested bv counsel or for any other reason. Equally unsustainable is the contention that the decision is defective for lack of due reasoning. Considering the na ture of the post, 'he applicants did have, .is minuted in the Ί )
(1983)3 O L R 124 f2) Marathevtou and Others ν Republic
(1982)3 C L R 1038 P-'joantomou and Others j Reoublic (19681 3 C L R 233 2324 35 3 CLR 5 10 15 Pikis J Avraam ν Republic decision, regard Ό every relevant consideiation bear ng on the suitability of candidates ior appomtment Being a first entry post, the performance at the ntervicw carried greater weight compared to the signif:cancc of the same factor ror promotion(
- i)This ground fa'ls- too I cannot end this judgment without expressing concern about the fate of the applicants who linger on, for years it seems, on ;< temporary appointment. Hopefully opportu nities will arise >n future to make possib'e the establishment of a permanent tie with the public service. Security of em ployment is an all important consideration for the entrench ment of the right to work In the result both recouises are dismissed. The decjs'on of the lespondents with regard to the interested parties is affirmed in exercise of the powers vested in the Court by Artic'e 146 4(
- a)of the Constitution. No order as to costs. Recourses dismissed No order as to costs. :') Chnstoudias ν Republic (1984} 3 C L R 657