Keywords
Summary

Keywords

1 . OFFICIALS - RECRUITMENT - VACANCY NOTICE - DUTY OF ADMINISTRATION TO FILL VACANCY - NONE - RIGHT OF OFFICIAL ON LEAVE ON PERSONAL GROUNDS TO BE REINSTATED - NONE

( STAFF REGULATIONS OF OFFICIALS , ARTS 4 , 29 AND 40 ( 4 ) ( D ))

2 . OFFICIALS - LEAVE ON PERSONAL GROUNDS - REINSTATEMENT - RIGHT OF PERSON CONCERNED - CANNOT BE CONTESTED ON GROUND OF AN ADMINISTRATIVE PRACTICE LIMITING RECRUITMENT TO TEMPORARY EMPLOYEES

( STAFF REGULATIONS OF OFFICIALS , ART . 40 ( 4 ) ( D ))

Summary

1 . NO PROVISION OF THE STAFF REGULATIONS STATES THAT ONCE A RECRUITMENT PROCEDURE HAS BEEN INITIATED THE APPOINTING AUTHORITY IS OBLIGED TO PURSUE IT BY FILLING THE POST WHICH HAS BECOME VACANT . IF FOR LEGITIMATE REASONS BASED IN PARTICULAR ON THE CURRENT REQUIREMENTS OF ITS DEPARTMENTS AND THE PRIORITY OF THE TASKS TO BE CARRIED OUT BY IT , THE APPOINTING AUTHORITY HAS DECIDED NOT TO FILL A POST FOR WHICH A VACANCY NOTICE HAS BEEN PUBLISHED , AN OFFICIAL ON LEAVE ON PERSONAL GROUNDS MAY NOT INSIST ON BEING REINSTATED IN THAT POST .

2 . THE ADMINISTRATION CANNOT , WHEN FACED WITH A REQUEST FOR REINSTATEMENT BY AN OFFICIAL ON LEAVE ON PERSONAL GROUNDS , RELY ON THE FACT THAT IT NOW EMPLOYS ONLY TEMPORARY EMPLOYEES , WHATEVER THE NATURE OF THE WORK UNDER CONSIDERATION , OTHERWISE THE RIGHT OF THE OFFICIAL TO BE REINSTATED , WHICH IS CONFERRED BY ARTICLE 40 ( 4 ) ( D ) OF THE STAFF REGULATIONS , WOULD BE RENDERED ILLUSORY .