TO BE REINSTATED IN HIS FORMER POST , SUCH A REQUEST IS IMPLICIT IN THE GENERAL REQUEST FOR HIS ADMINISTRATIVE SITUATION TO BE REGULARIZED . AS NO FORMAL ADMINISTRATIVE MEASURE PROVIDED FOR BY THE STAFF REGULATIONS HAS BEEN ADOPTED TO TRANSFER THE APPLICANT IN ACCORDANCE WITH THE PRESCRIBED PROCEDURE TO ANOTHER DEPARTMENT , AND IN THE LIGHT OF HIS PREVIOUS REPRESENTATIONS , THE COMMISSION COULD NOT HAVE BEEN UNAWARE THAT , BY ASKING FOR HIS ADMINISTRATIVE SITUATION TO BE REGULARIZED , THE APPLICANT MEANT THAT A POST SHOULD BE FOUND CORRESPONDING TO HIS CATEGORY AND GRADE , IN THE FIRST INSTANCE IN THE ADMINISTRATIVE UNIT TO WHICH OFFICIALLY HE HAS ALWAYS BEEN ASSIGNED .
14 CONSEQUENTLY THE REQUIREMENTS SET OUT IN ARTICLE 91 OF THE STAFF REGULATIONS ARE SATISFIED AND THE FIRST PLEA OF INADMISSIBILITY MUST BE DISMISSED .
15 SECONDLY , THE COMMISSION CLAIMS THAT ITS DECISION OF 27 JUNE 1984 DID NOT ADVERSELY AFFECT THE APPLICANT ; IT HAD ACCEDED TO HIS REQUEST BY INFORMING HIM THAT AN INTERNAL COMPETITION HAD BEEN ARRANGED FOR A TRANSLATOR ' S POST AND BY THUS AFFORDING HIM AN OPPORTUNITY OF OBTAINING A POST CORRESPONDING TO HIS ABILITIES .
16 THE APPLICANT STATES THAT HE WAS RECRUITED AS AN ADMINISTRATOR IN AN ADMINISTRATIVE DEPARTMENT AND DENIES THAT THE OPPORTUNITY OF SITTING A COMPETITION FOR A POST AS A TRANSLATOR AMOUNTED IN HIS CASE TO A RESPONSE TO HIS REQUEST THAT HE SHOULD BE GIVEN AN ACTUAL POST CORRESPONDING TO HIS GRADE AND ABILITIES , IN VIEW OF THE FACT THAT HIS UNIVERSITY EDUCATION DID NOT FIT HIM FOR WORK AS A TRANSLATOR .
17 THE ARGUMENTS PUT FORWARD BY BOTH SIDES NECESSITATE AN ASSESSMENT OF THE MERITS OF THE APPLICATION WHICH IS CLEARLY PART OF THE SUBSTANCE , AND SHOULD THEREFORE NOT BE CONSIDERED AT THIS STAGE OF THE DISCUSSION WHICH CONCERNS ADMISSIBILITY .
18 CONSEQUENTLY , THE SECOND PLEA OF INADMISSSIBILITY IS DISMISSED .
SUBSTANCE
19 IN SUPPORT OF HIS APPLICATION , THE APPLICANT RELIES BASICALLY ON THE FOLLOWING FOUR SUBMISSIONS :
( I ) FAILURE TO ASSIGN HIM TO DUTIES CORRESPONDING TO THE GRADE WHICH HE HOLDS IN HIS CATEGORY , CONTRARY TO ARTICLES 5 AND 7 OF THE STAFF REGULATIONS OF OFFICIALS ;
( II)INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT , INASMUCH AS THE DECISION POSTING HIM TO THE PUBLICATIONS OFFICE AND THE SUBSEQUENT DECISIONS WERE NOT CONTAINED IN ANY INDIVIDUAL DECISION COMMUNICATED TO HIM IN WRITING AND STATING THE GROUNDS ON WHICH IT WAS BASED , OR POSTED IN THE COMMISSION ' S PREMISES OR PUBLISHED IN THE MONTHLY STAFF BULLETIN , CONTRARY TO ARTICLE 25 OF THE STAFF REGULATIONS OF OFFICIALS ;
( III)INFRINGEMENT OF ARTICLE 38 OF THE STAFF REGULATIONS OF OFFICIALS AND THE PRINCIPLE THAT LEGITIMATE EXPECTATIONS SHOULD BE PROTECTED , IN THAT HE WAS ENTITLED TO BELIEVE THAT HE WAS BEING TEMPORARILY SECONDED , AS PROVIDED FOR BY ARTICLE 37 , AND WOULD BE REINSTATED IN HIS FORMER POST WHEN HIS SECONDMENT ENDED ;