WHICH , ACCORDING TO THE CONTEXT , COULD ONLY BE THE LETTER SENT ON 11 OCTOBER 1978 TO THE APPLICANT HERSELF FOLLOWING THE RESOLUTION AT THE MEETING OF THE HEADS OF ADMINISTRATIVE SERVICES . IN RELATION TO THAT DECISION THE FORMAL COMPLAINT OF 20 FEBRUARY 1979 WAS MADE THEREFORE AFTER THE EXPIRY OF THE PERIOD LAID DOWN BY ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS .
16 THE COURT CONSIDERS THAT THE COMPLAINT BY THE APPLICANT WAS INDEED MADE OUT OF TIME .
17 IT IS APPARENT FROM THE LETTER SENT ON 21 FEBRUARY 1978 BY THE APPLICANT HERSELF TO THE HEAD OF THE MANAGEMENT AND STAFF REGULATIONS DEPARTMENT THAT SHE HAD CERTAINLY NOTICED FROM THE BEGINNING OF THE PAYMENT OF HER MONTHLY SALARY THAT , CONTRARY TO THE ASSURANCE GIVEN IN THE LETTER OFFERING HER EMPLOYMENT , THE DAILY SUBSISTENCE ALLOWANCE HAD NOT BEEN GRANTED TO HER . IN ANSWER TO HER REQUEST FOR EXPLANATION THE APPLICANT WAS INFORMED IMMEDIATELY ON 1 MARCH 1978 THAT HER FILE WAS BEING EXAMINED BY THE ADMINISTRATION AND THAT HER CASE WOULD IN THE MEANTIME REMAIN OPEN .
18 BY LETTER DATED 11 OCTOBER 1978 THE HEAD OF THE MANAGEMENT AND STAFF REGULATIONS DEPARTMENT FINALLY INFORMED THE APPLICANT THAT IT WAS IMPOSSIBLE FOR THE ADMINISTRATION TO GIVE A FAVOURABLE REPLY TO HER REQUEST FOR THE DAILY SUBSISTENCE ALLOWANCE . THE EXTRACT FROM THE DELIBERATIONS OF THE HEADS OF ADMINISTRATIVE SERVICES ENCLOSED WITH THAT LETTER ALLOWED THE APPLICANT TO RECOGNIZE THAT THE REFUSAL BY THE ADMINISTRATION WAS BASED ON TWO CIRCUMSTANCES : ON THE ONE HAND THE FACT THAT SHE HAD ALREADY RECEIVED THE DAILY SUBSISTENCE ALLOWANCE FOR ONE YEAR AS A MEMBER OF THE AUXILIARY STAFF DURING THE PERIOD PRIOR TO HER APPOINTMENT AS AN OFFICIAL ; ON THE OTHER THE FACT THAT THERE WAS NO REMOVAL WHEN SHE WAS APPOINTED SO THAT SHE DID NOT SATISFY THE CONDITION OF A CHANGE OF RESIDENCE LAID DOWN IN ARTICLE 10 OF ANNEX VII TO THE STAFF REGULATIONS .
19 IN THOSE CIRCUMSTANCES IT IS BEYOND QUESTION THAT THE LETTER DATED 11 OCTOBER 1978 CONSTITUTES , IN THE PRESENT CASE , THE ' ' ACT ADVERSELY AFFECTING ' ' THE OFFICIAL WITHIN THE MEANING OF ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS . IT IS THEREFORE THAT ACT WHICH CAUSED TO START TO RUN THE PERIOD OF THREE MONTHS FOR LODGING COMPLAINTS CONTAINED IN THE SAID PROVISIONS SINCE THE APPLICANT , BY THE SAID ACT , WAS INFORMED OF A DECISION PUT FORWARD AS FINAL .
20 FOR ITS PART THE LETTER DATED 27 NOVEMBER 1978 AND SIGNED BY THE DIRECTOR-GENERAL OF ADMINISTRATION CAN BY NO MEANS BE REGARDED AS BEING OF SUCH A NATURE . ON THE ONE HAND THAT LETTER IS NOT ADDRESSED TO THE APPLICANT BUT TO A THIRD PARTY WHO WAS TAKING STEPS ON HER BEHALF . FURTHER THAT LETTER , LIKE THAT OF 11 DECEMBER 1978 , HAD NO PURPOSE OTHER THAN TO EXPLAIN A PREVIOUS