3 C.L.R 1987September4 [DEMETR1ADES J 1 INT H E MATTER OF ARTICLE 146 OK T H E C O N S T I T U T I O N ANDREAS T S O U N T A S A N D OTHERS, Applicants, v.
- T H E MINISTRY O F E D U C A T I O N .
- T H E REPUBLIC OF CYPRUS. T H R O U G H T H E ATTORNEY-GENERAL. Respondents. (Case No. 122/83). Constitutional Law — Omission to reply — Constitution, Art. 29 — Application submitted toanorgan,not having competency in thematter— Suchorganis not bound totakea decision. Legitimate interest—Omission toreply—Failure ofapplicantstosatisfyCourtthat the prerequisites for a positive reply by the administration to their application weresatisfied— Recourse dismissed. 10 Notwithstanding"repealofLaw7/63.elementaryschoolteachers,who had acquiredpost-graduatedegreesinsubjectsrelatedtoeducationfromaschool approvedbytheDirector ofEducation,continuedtoreceiveanannualbonus of C£96.-asamatter of practice On5.183theapplicants,who areelementaryschoolteachers,possessing aUniversity Diploma inPublic LawandPoliticalSciences,appliedtothefirst respondent forthegranttothemof theaforesaidbonus. 15 20 By letter dated 29.183 the applicants were informed that the Council of Ministers decidedto postpone thetakingof adecisionuntiltheywere given opportunity to examine the matter globally. Inreply to aletter dated7.2.83 written by applicants, the Director-General of the Ministry of Education informed theapplicants by letter dated 17.2 83 that the Ministry intended to raiseagainthe matter. As a result the present recourse for a declaration that the refusal of the respondentstoreplytoapplicants'claimeitherpositivelyornegativelyisnull andvoidandof no effectwhatsoeverwas filed. 1523 Tsountas & Others v. Republic
(1987)Held dismissing the recourse
(1)The first respondent was not bound to take a decision within 30 days as provided by Art 29 of the Constitution because after the repeal of Law 7/63 he did net possess competency to authonse the payments applied for
(2)The applicants do not possess a legitimate interest because they failed to satisfy the Court that their degree was obtained from an approved school or that it was related to Education 5
(3)The reply dated 17 2 S3 was in the circumstances a sufficient response to applicants request dated 7 2 83 Recourse dismissed Costs against applicants 10 Recourse. Recourse against the refusal of the respondents to reply to applicants claim foranannual bonus of£96 -asthey possessed or acquired a post-graduate certificate 15 Ρ Angehdes, for the applicants R Vrahimt • Petndou (Mrs ), for the respondents Cur adv vult DEMETRIADESJ readthefollowingjudgment The Elementary Communal School Teachers Law, 1963 (Law 7/63) of the 20 Communal Chamber, section 14 of which provided that an elementary school teacher who possessed or acquired a post graduate certificatefromaschool approved by the Director of the Education Office was entitled to an annual bonus of C£96 -, was repealed by the Public Educational Service Law, 1969 (Law 10/ 25 69) However, afterthe repeal of Law 7/63 andthe establishment of the Ministry of Education, the teachers who hadacquired post graduate certificates in subjects related to education continued to receive this bonus as a matterof practice All applicants are elementary school teachers possessing a 30 University Diploma in Public Law and Political Sciences and on the5thJanuary, 1983, through their advocate, applied to thefirst respondent for the grant to them of the said annual bonus.As the firstrespondent had no power to decide on the application of the applicants, it was decided that the matter be referred to the 35 Council of Ministers which, when the matter came before it, decided topostpone takingadecision in order- asthe contentsof 1524 3C.L.R. Tsountas &Others v. Republic Demetrlades J. aletterdated the29thJanuary, 1983,senttotheapplicantsbythe Director-General of the Ministry of Education stated - that the Council of Ministers were given the opportunity to examine the mattergloballyforallpersonsservingintheeducationserviceand 5 the public service. On the 17th February, 1983, the Director-General of the Ministry of Education, inreply toa letteraddressed tohim on the 7th February, 1983 (copy of which is not before
- me)informed counsel fortheapplicantsthattheMinistryofEducation intended 10 toraiseagainthematterandinform counselofany development. Afterreceivingthefirstrespondent's letterofthe 17th February, 1983, the applicants filed the present recourse by which they complained that the refusal of the respondents to reply to their claim either prositively or negatively isnull and void and of no 15 effect whatsoever. The applicants base their recourse on the following legal grounds: (
- a)That the refusal and/or failure of the respondents to reply eitherpositivelyornegativelytotheirclaimisunconstitutional and 20 unlawful as it offends the provisions of Article 29 of the Constitution. (b)Thesupposed replyof the respondents is(i)unreasonable and (ii)not duly reasoned. 25 Havingheardtheargumentsofcounselfortheparties,Ifindthat the issues that call for decision in the present case are the following: (a)Whetherthefirstrespondentwasboundtotakeadecision on the applicants' application within 30 days as provided by Article 30 29ofthe Constitution, and (b)whether, in the light of the facts of the case, the applicants have a legitimate interest inpursuing the present recourse. The answer to both issuesraised intheseproceedings isinthe negative inthat35 (
- a)the Minister of Education, after the repeal of Law 7/63 by Law 10/69, did not possess the power to authorise payment of 1525 Demetrfades J . Tsountas & Others v. Republic
(1987)bonuses to teachers possessing or acquiring post-graduate degrees from schools approved byhim. (
- b)Assuming that the practice followed by the Minister of Education topaythebonustoteacherswhowerepossessing and/ or had acquired a post-graduate degree related to education 5 oughttohavebeen applied inthecaseoftheapplicants,theyhave failed (
- i)to satisfy me that their degree was obtained from an approved by the Minister School and (
- ii)that it was a degree related to education. In fact, Ican see no relationship between a degree related toeducation -inthiscase of education that hasto 10 dowithchildren oftheageof5to 12yearsold-withoneinPublic Lawand PoliticalSciences. Inany event, considering allthe facts ofthecase, I find that the reply of the respondents, dated the 17th February, 1983, was sufficient response to the request of the applicants made on the 15 7th February, 1983. Inthe result,thisrecourse fails.Applicantstopay thecosts. Recourse dismissed with costsagainstapplicants. 1526