AND EXTENDED TO 31 DECEMBER 1985 , AND ( B ) TO RESUME WITHIN THE NEXT FEW WEEKS ITS DELIBERATIONS ON THE PROCEDURE COMMENCED IN ORDER TO FILL THE POST IN QUESTION .
5 IN HIS APPLICATION FOR THE ADOPTION OF INTERIM MEASURES , THE APPLICANT ASKS , IN SUBSTANCE , PRIMARILY FOR AN ORDER REQUIRING THE COMMISSION TO SUSPEND THE OPERATION OF ITS DECISION OF 16 OCTOBER 1985 UNTIL THE COURT HAS GIVEN JUDGMENT IN THE MAIN ACTION . IN THE ALTERNATIVE , HE ASKS THAT THE COMMISSION BE ENJOINED FROM TAKING INTO ACCOUNT FOR THE PURPOSES OF A PERMANENT APPOINTMENT TO THE POST OF HEAD OF THE INSPECTION DIVISION THE PERIODS SERVED BY MR MATH AS A TEMPORARY MEMBER OF STAFF BETWEEN 28 SEPTEMBER 1983 AND 31 DECEMBER 1985 AND ORDERING THE COMMISSION TO ADOPT A DECISION ON THE APPLICANT ' S COMPLAINT AGAINST THE CONTESTED DECISION . IN THE FURTHER ALTERNATIVE , HE ASKS THE COURT TO PRESCRIBE ANY OTHER MEASURES WHICH IT CONSIDERS APPROPRIATE .
6 BY WAY OF ESTABLISHING THAT THE SUSPENSION OF OPERATION OF THE COMMISSION ' S DECISION IS A MATTER OF URGENCY , THE APPLICANT STATES THAT HE LODGED A COMPLAINT AGAINST THE CONTESTED DECISION ON 14 NOVEMBER 1985 . THE APPOINTING AUTHORITY MUST ADOPT A REASONED DECISION AT THE LATEST ON 15 MARCH 1986 . EVEN IF THE APPLICANT BRINGS AN ACTION AGAINST A POSSIBLE REJECTION OF HIS COMPLAINT IMMEDIATELY , THERE IS NO PROSPECT OF THE COURT ' S GIVING JUDGMENT ON THE LEGALITY OF THE CONTESTED DECISION BEFORE THE BEGINNING OF 1987 AT THE EARLIEST BECAUSE OF THE TIME TAKEN BY THE COURT PROCEDURE . IN THE MEANTIME THE APPOINTING AUTHORITY MAY HAVE ADOPTED DECISIONS MAKING A DEFINITIVE APPOINTMENT TO THE VACANT POST , AND MR MATH MAY HAVE RELIED ON HIS UNLAWFULLY ACQUIRED STATUS AS A TEMPORARY MEMBER OF STAFF , AND THE SENIORITY HE WILL HAVE IMPROPERLY ACQUIRED , IN ORDER TO SUCCEED IN THE RECRUITMENT PROCEDURES OPENED FOR THAT PURPOSE . THAT WILL MEAN THAT FURTHER DECISIONS WILL HAVE BEEN ADOPTED WHOSE ILLEGALITY FLOWS FROM THE ILLEGALITY OF THE CONTESTED DECISION , THUS COMPELLING THE APPLICANT ONCE AGAIN TO INITIATE THE COMPLAINTS PROCEDURES AND PROCEEDINGS BEFORE THE COURT SUBJECT TO THE TIME-LIMITS LAID DOWN IN ARTICLES 90 AND 91 OF THE STAFF REGULATIONS .
7 THE COMMISSION STATES THAT ITS DECISION OF 16 OCTOBER 1985 IS THE FIRST STEP TAKEN IN ORDER TO COMPLY WITH THE AFOREMENTIONED JUDGMENT BUT DOES NOT CONSTITUTE FULL IMPLEMENTATION OF THAT JUDGMENT . THE DECISION IS ALSO INTENDED TO REGULARIZE MR MATH ' S PERSONAL ADMINISTRATIVE STATUS AND TO ENSURE CONTINUITY WITHIN THE SERVICE .
8 THE COMMISSION FURTHER DENIES THE URGENCY OF THESE PROCEEDINGS FOR INTERIM MEASURES . IT STATES THAT THERE IS NO RISK OF IRREPARABLE DAMAGE TO THE APPLICANT . AT ANY STAGE IN THE NEW PROCEDURE FOR FILLING THE POST AT ISSUE AND IN THE COURSE OF ANY LEGAL PROCEEDINGS CONCERNING THAT PROCEDURE , THE APPLICANT WILL