\ 3 C.L.R. \ 1988 February29 [LORIS. J.] INTHE MATTER OFARTICLE 146OFTHE CONSTITUTION IACOVOS A. CHRISTODOULOU, " Applicant, v. THE GRAIN COMMISSION OF CYPRUS, - - 5 Respondent. (CaseNo. 692/86). Grain Commission—Promotions—Combinedes'.abltshment—Director of respondent turned down applicant's requestfor promotion on the ground _ thait'ppticunlho?notcompletedtenyears'senice inthelowerpost^aspro-.'' · videdbyiherelevant schemeofservice—The applicationandinterpretation of thescheme of servicewaswithin theexclusiveprovince oftheCommission—Itfollows that,nomatterhowobviousthemeaning ofthescheme is, thesubjudice decision,hastobeannulledfor lackofcompetency. Competency—Lack of—Groundfor annulment. The facts of thiscasesufficiently appear in thejudgmentof the Court. 10 ' fSubjudice decisionannulled. Noorderasto costs. Casesreferredto: Kyriacou v.Republic
(1985)3 C.L.R.2414; Tsangari v.Republic
(1986)3C.L.R.2608. 401 Christodoulou v. Grain Commission
(1988)Recourse. Recourse against therefusal of therespondenttopromote ap plicanttothepostof AccountingOfficer Π. A. S. Angelides, for theapplicant. C. Velaris, for therespondent. 5 Cur. adv. vult. LORIS J. read the following judgment. By means of the present recourse the applicant challenges therefusal of there spondent Commission to promote him, as from 1 September 1986, tothepost of Accounting Officer II,which is on a com- 10 binedestablishment with thepostof Accounting Officer ΙΠ,held by theapplicant. On3August 1986theapplicantaddressed alettertotheDirec torcf i*ie respondent Commission stating thatas underNote
(3)of theSchemeofServicefor thepostofAccountingOfficer H, he would becompleting therequired,undertheScheme,fiveyears' servicetothepostof Accounting Officer ΠΙ by 31August 1986, andwould beeligiblefor promotiontothepostof Accounting Of ficerII as from 1September 1986,appropriateaction should be takenfor hispromotiononscaleA7. TheDirectorof theRespondent Commission in his reply of 16.8.86, informed the applicant (through applicant's superior) thattherelevant Schemeof Serviceinforceprovides tenyearsof service and notfive as stated by theapplicant, thereby turning down theaforesaid request of theapplicant 25 Counselfor theapplicantarguedthattheonlycompetentorgan undertheLaw todecide,onthebasisof theparticularfacts ofthe case of theapplicant,ontheinterpretationandapplication of the relevant scheme of service, was the Board of the respondent Commission and not theDirectorand,therefore, thesub-judice 30 402 15 20 3 C.L.R. Christodoulou v. Grain Commission Loris J. decision being the decision of the Director has to be annulled, havingbeenreached at,byanincompetent organ. Counsel for the respondent Commission submitted that as both,ontheface oftherelevant Schemeof Serviceana onitstrue 5 interpretation theapplicantcouldnotqualify for promotion,ashe did notpossess theten years'experience setforth in the aforesaid Schemeof Service, it was unnecessary for theDirector to place thematterbefore theCommission for adecision tothateffect, as the matter was obvious and there was no substance whatever in 10 therequestoftheapplicant. Itiswell settledthatlackofcompetence isagroundfor annulment (vide Kyriacou v. The Republic,
(1985)3 C.L.R. 2414, 2418, Tsangari v.The Republic
(1986)3 C.L.R. 2608,2611). Having given tothematter due consideration, Ihave reached 15 theconclusionthatthecompetentorgan,undertheLaw,todecide on the request of the applicant was the respondent Commission and not theDirector himself, nomatter how obvious was,in the opinion ofcounselfortheCommission,thattheapplicantwasnot qualified under the relevant scheme of service. The application 20 andinterpretation of theschemeof service waswithin theexclusive province of the respondent Commission and the Director should haveconveyed therequest of theapplicant, for appropriate action,totheorganvested with suchpower. In theresultthepresentrecourse succeeds,andthe sub-judice 25 decision ishereby annulled.In thecircumstances there will beno order astocosts. Sub judice decision annulled. No orderastocosts. 403