3 C.L.R. 1987March 21 [TRIANTAFYLLIDES,Ρ ] IN T H E MATTER OF ARTICLE 146 OF T H E CONSTITUTION RENOS KYRIAKIDES A N D OTHERS, Applicants, υ 1 T H E EDUCATIONAL SERVICE C O M M I S S I O N . 2 T H E MINISTRY O F EDUCATION, Respondents (Cases Nos 331/84, 349/84. 409/84, 429/84, 485/84) Recourseforannulment — Abatement — Revocation ofsubjudice act—Whether and in what circumstances therecourse is treatedas abated Legitimate interest— Itincludes moral as wellas matenalinterest 5 10 Legitimate interest — Recourse for annulment against promotion in the Educational Service — Retrospective promotion of applicant from a date pnor tothesubjudice promotions — Applicant ceasedtopossessa legitimate interest topursue the recoursefurther The applicants intheserecoursesarechallengingtherespondent'sdecision dated 6 6 84, whereby the interested parties were promotedto the post of Headmaster (Secondary Education) in preferenceto the applicants On the 9 2 85 the respondents revoked the sub judice decision and on 6 3 85 proceededto fill the vacanciescreatedby reason of such revocation As the applicants were once againnotpromotedto the postin question,they filed new recoursestothis Court 15 20 The question that arose for determination is whether by reason of the aforesaid revocation the present recourses have been abated Held,
(1)The revocation of an administrative act or decision results in the abatement of a recourse which was made against it. unless adverse consequences of such act or decision detrimentally affecting a legitimate interest of the applicant have not been completely obliterated by the revocation The notion oflegitimateinterestiswide enough toinclude moral aswell as matenal interest 457 Kyriakldes v. Educ. Service Commission (19S7)
(2)In the present cases the applicants have suffered not only a moral detnment in the sense that other Assistant Headmasters were found more suitable than the applicants for promotion, but they also suffered amatenal detriment, because dunng the penod, when the sub judice decision was operative, the applicants were depnved of the opportunity to receive the emoluments of the post of Headmaster Itfollows thatthese recourses were 5 not abated
(3)The applicant in recourse 429/84 has been subsequently promoted retrospectively as from 19 80 and, therefore, he no longer possesses a legitimate interesttopursue hisrecourse further 10 Recourse429/84dismissed Directions thatthe other recourses be heardon their merits 15 Casesreferredto Falas ν TheRepublic
(1983)3 CLR 523, Agrobsv TheRepublic{1923) ^ C LR 1397, Mavromchis ν TheIndustrial TrainingAuthonty
(1986)3C L R 1427, Kittouv 77je/?epuWic
(1983)3CLR 605, Vakisν TheRepublic
(1985)3 CLR 534, 20 Nicolaidesv TheRepublic{1987)3 CLR 9, Phylakbdes andAnother ν TheRepublic
(1987)3 C LR 176, Papasawasv TheRepublic
(1967)3 C L R 111, and on appeal
(1968)3 CLR 173, Olympios ν TheRepublic
(1974)3C LR 17, loahmv TheUmassolMunicipality
(1974)3CLR 25 170, Pantehdes (No1) ν TheRepublic
(1974)3 CLR 203 Recourses. Recourses against thedecision of therespondentstopromote the interested parties to the post of Headmaster, Secondary 30 Educationinpreference andinsteadof theapplicants. Ph. Valianhs, for applicants in Cases Nos. 331/84, 349/84 and 485/84. 458 3 C.L.ft. Kyriakldes v. Educ. Service Commission A S Angehdes, for applicant inCase No 409/84 JV Papaefstathiou for applicant in Case No 429/84 Ft Vrahimi (Mrs) for therespondents Cur adv vult 5 TRIANTAFYLLIDES Ρ read the following decision The applicants in these cases are challenging the decision of the respondent EducationalService Commission reached on the6th June 1984, by means ofwhich therewere effected promotionsof twelve Assistant Headmasters, other than the applicants to the 10 post of Headmaster(Secondary Education) On the 9th February 1985 the Commission revoked its said decision of the 6th June 1984, apparently because there were made by it twelve promotions whereas the available at the time vacant posts were only eleven, and on the 6th March 1985 it 15 proceeded tofill retrospectively, as from the 1st September 1984, eleven Headmasterposts which had become vacant as aresultof theaforementioned revocation of itsearlier decision As the applicants were once again notpromoted to thepostin question they filed new recourses which are being heard by this 20 Court Counsel for the respondent Commission has submitted that as a result of therevocation by theCommission,onthe9th February 1985, of its sub judice decision of the 6th June 1984 the present recourses have been abated because they have been depnved of 25 their subject-matter and the applicants do notpossess any more a legitimate interest entitling themtopursue them further On the otherhand counsel for the applicants have argued that the consequences of the sub judice decision have not totally disappeared due to its subsequent revocation and that the 30 applicants are entitled to have their recourses determined in accordance with Article 146 4 of the Constitution in order to become entitled,if theyaresuccessful inthepresent proceedings, to claimdamages underArticle 146 6 of the Constitution After thedecision was reserved onthequestion as towhetheror 3 5 notthese recourses have been abated the applicant incase 306/ 84, which was being heard together with the present cases, withdrew his recourse as by a decision of therespondent reached 459 Triantafvllides P. Kyriakldes v. Educ. Service Commission
(1987)on the 22nd September 1986 he was promoted to the post of Headmaster (Secondary Education) retrospectively as from 1st September 1982;andsuch recoursewasdismissed accordingly. It is well established (see, inter alia, Falas v. The Republic,
(1983)3 C.L.R. 523, Agrotis v. The Republic,
(1983)3 C.L.R. 5 1397 and Mavronichis v. The Industrial TrainingAuthority, case No. 478/81, decided on the 6th June 1984*) that damages for detriment suffered as aresult of an administrative act or decision which ceased to existafter the filing against itof a recourse under Article146oftheConstitutioncanberecoveredonlyunderArticle 10 146
(6)if the recourse is determined in favour of the applicant under Article 146
(4). Itis,also,wgllsettledthattherevocation ofanadministrativeact ordecision resultsintheabatement ofarecoursewhichwasmade againstitinasmuch astherecourseisdeprivedofitssubject-matter 15 unlessadverseconsequencesofsuchactordecision detrimentally affecting a legitimate interest of the applicant have not been completely obliterated by the revocation (see, in this respect, Kittou v. The Republic,
(1983)3 C.L.R. 605, Vakis v. The Republic,
(1985)3 C.L.R. 534, the Mavronichiscase, supra, and 20 Nicolaides v. The Republic, caseNo. 148/83,decided on the 7th February 1987**). In Phylactides and another v. 77ie Republic (cases 67/83 and 147/83, decided on the 23rd January 1987***) it was held that the revocation of the sub judice in those cases decisions resulted in the 25 abatement of the recourses but the relevant facts in those two cases were clearly distinguishable from those of the present cases. The notion of legitimate interest is wide enough to include moral as well as material interest (see, Papasawas v. The 30 Republic,
(1967)3 C.L.R. I l l , and on appeal
(1968)3 C.L.R. 173, Olympios v. TheRepublic,
(1974)3C.L.R. 17,24, hakim v. The Limassol Municipality
(1974)3 C.L.R 170, 174, and Pantelides(No. 1)v.Republic
(1974)3 C.L.R. 203). In the light of all the foregoing Ihave reached the conclusion 35 that,inthecircumstancesofthepresentcases,theapplicantshave suffered not onlymoraldetriment inthesensethatotherAssistant •Reportedirt
(1986)3 CLR 1427 "Reported m
(1987)3 CLR 9 '"Reported in
(1987)3 CLR 176 460 3 C.L.R Kyriakldes v. Εdue. Service Commission Triantafyllldes P. Headmasters were found tobe moresuitable than the applicants for promotion to the posts of Headmasters and, thus, their prestige asmembersofthepubliceducationalservice was injured, butthey,also,suffered material detrimentinthesense thatduring 5 theperiod inwhich thesubjudice decision was operative, from its inception to its revocation, the applicants were deprived of the opportunityto receive theemolumentsof thepostofHeadmaster because by meansof thesubjudice decision,thevalidity ofwhich they challenge, others instead of them were promoted to such 10 post. The applicants are, therefore, vested with a legitimate interest entitling them to pursue the present recourses to their determination underArticle 146
(4)of the Constitution, aiming at securing anoutcomewhich would entitlethemtoclaim damages under Article 146.6. 15 it could be said that the revocation of the sub judice decision resulted intheabatementof thepresentrecourses only iftogether with such revocation theapplicantswere promotedtothepostof Headmaster retrospectively as from thedate when thesub judice decision became operative oras from an earlier date, butthis was 20 notdone. Consequently, Ifind thatthepresentrecourseswere notabated. As, however, theapplicantincase 429/84 has been subsequently promoted retrospectively to the post of Headmasteras from the 1st September 1980 I am of the opinion that he no longer 25 possesses alegitimate interestentitlinghimtopursue his recourse further and, therefore,ithas tobe dismissed for thisreason. In view of all the aforesaid I shall proceed to deal with the remaining cases (331/84, 349/84, 409/84, 485/84) on their merits. ^ . ,. , Orderaccordingly. 461