HAVING REGARD TO HIS PROFESSIONAL QUALIFICATIONS , IN COMPARISON WITH THOSE OF HIS COLLEAGUES PREVIOUSLY CLASSIFIED IN GRADE L/A 6 .
9 THE DEFENDANT ADMINISTRATION CONTENDS THAT THE AMENDMENT MADE IN THE SECOND VACANCY NOTICE MERELY PERMITTED THE APPOINTING AUTHORITY TO MAKE AN APPOINTMENT IN GRADE L/A 6 BUT DID NOT REQUIRE IT TO DO SO . IT ALSO CONSIDERS THAT THE APPLICANT COULD NOT REASONABLY HAVE EXPECTED TO BE APPOINTED IN GRADE L/A 6 SINCE THE ASSURANCES GIVEN HIM BY HIS HEAD OF DIVISION DID NOT BIND THE APPOINTING AUTHORITY ITSELF , THE REGISTRAR ' S FAILURE TO REPLY TO HIS LETTER OF 15 OCTOBER 1983 COULD NOT BE INTERPRETED AS BEING FAVOURABLE TO HIS REQUEST AND THE FACT THAT THE APPLICANT ' S COLLEAGUES WERE APPOINTED IN GRADE L/A 6 IN 1981 DID NOT GIVE HIM ANY LEGITIMATE REASON TO BELIEVE THAT HE HIMSELF HAD A RIGHT TO BE APPOINTED TO GRADE L/A 6 , AS THE INTERPRETATION DIVISION WAS IN THE COURSE OF BEING SET UP AT THE TIME OF THEIR APPOINTMENT AND THE CIRCUMSTANCES WERE THUS DIFFERENT . FINALLY , THE DEFENDANT CONSIDERS THAT NO OBJECTION CAN BE MADE TO ITS CHANGE OF PRACTICE CONCERNING THE GRADE AT WHICH APPOINTMENTS ARE NOW MADE SINCE THE NEW PRACTICE IN THAT REGARD IS IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 31 OF THE STAFF REGULATIONS .
10 IT MUST BE POINTED OUT THAT THE AMENDMENT MADE IN THE SECOND VACANCY NOTICE CONCERNING THE GRADE IN WHICH APPOINTMENT WAS TO BE MADE , WHICH WAS REPEATED IN THE NOTICE OF COMPETITION , DID NOT IMPOSE ANY OBLIGATION ON THE APPOINTING AUTHORITY TO APPOINT THE APPLICANT IN GRADE L/A 6 . FURTHERMORE , NONE OF THE FACTS ON WHICH THE APPLICANT RELIES AS JUSTIFYING THE EXPECTATION WHICH HE CONSIDERS HE WAS LEGITIMATELY ENTITLED TO ENTERTAIN AS TO HIS APPOINTMENT IN GRADE L/A 6 ARE OF SUCH A NATURE AS TO ESTABLISH THE EXISTENCE OF A BREACH OF THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATIONS OR OF THE PRINCIPLE OF SOUND ADMINISTRATION . THE APPLICANT ' S SUBMISSIONS ON ALL THE FOREGOING POINTS MUST THEREFORE BE REJECTED .
BREACH OF THE PRINCIPLE OF EQUAL TREATMENT
11 THE APPLICANT CLAIMS THAT A NUMBER OF HIS FELLOW INTERPRETERS WERE APPOINTED PROBATIONARY OFFICIALS IN NOVEMBER 1981 AND ESTABLISHED IN AUGUST 1982 IN GRADE L/A 6 NOTWITHSTANDING THE FACT THAT THEIR QUALIFICATIONS AND PROFESSIONAL EXPERIENCE WERE AT BEST EQUIVALENT AND SOMETIMES INFERIOR TO HIS . HE REFERS TO THE REPORT DRAWN UP AT THE END OF HIS PROBATIONARY PERIOD , ACCORDING TO WHICH HIS KNOWLEDGE , HIS PROFESSIONAL EXPERIENCE AND THE QUALITY OF HIS WORK WERE SUPERIOR TO THOSE CORRESPONDING TO HIS GRADE , AND POINTS OUT THAT THE COMPLAINTS COMMITTEE ACCEPTED THAT HIS PROFESSIONAL EXPERIENCE AND CAPABILITY WERE EQUAL TO THOSE OF HIS COLLEAGUES CLASSIFIED IN A HIGHER GRADE . HE CLAIMS THAT IN ACCORDANCE WITH THE PRINCIPLE OF EQUAL TREATMENT HE OUGHT TO HAVE BEEN APPOINTED IN GRADE L/A 6 , SINCE