, TAKING ACCOUNT OF BOTH THE POSITIVE AND THE NEGATIVE FACTORS REVEALED IN THE COURSE OF THE PROBATIONARY PERIOD .
25 SINCE THE DECISION NOT TO ESTABLISH A PROBATIONARY OFFICIAL IS GENERALLY , ALBEIT IMPROPERLY , DESCRIBED AS ' ' DISMISSAL ' ' , ATTENTION SHOULD BE DRAWN TO THE FUNDAMENTAL DIFFERENCE BETWEEN THAT DECISION AND DISMISSAL IN THE STRICT SENSE OF A PERSON WHO HAS BEEN APPOINTED AN ESTABLISHED OFFICIAL . WHILST IN THE LATTER CASE THE GROUNDS JUSTIFYING THE TERMINATION OF THE EMPLOYMENT OF AN ESTABLISHED OFFICIAL MUST BE EXAMINED IN DETAIL , IN DECISIONS ON THE ESTABLISHMENT OF PROBATIONARY OFFICIALS , IT IS NECESSARY TO EXAMINE WHETHER OR NOT THERE ARE A NUMBER OF POSITIVE CONSIDERATIONS SHOWING THAT ESTABLISHMENT OF THE PROBATIONARY OFFICIAL IS IN THE INTERESTS OF THE SERVICE .
26 IT IS IN THE LIGHT OF THOSE CRITERIA THAT THE GROUNDS TAKEN INTO CONSIDERATION BY THE APPOINTING AUTHORITY , IN ORDER TO JUSTIFY ITS DECISION OF 5 MAY 1982 TERMINATING THE APPLICANT ' S PROBATIONARY PERIOD WITHOUT ESTABLISHING HER AND ITS DECISION OF 23 SEPTEMBER 1982 DISMISSING HER COMPLAINT , MUST BE ASSESSED .
27 EVEN THOUGH CERTAIN DETAILS IN THE STATEMENT OF REASONS , SUCH AS THE DETERMINATION OF THE TRUE REASONS FOR THE APPLICANT ' S ABSENCES , MAY BE OPEN TO DISCUSSION , BOTH THE PROBATION REPORT AND THE SUPPLEMENTARY OBSERVATIONS BY THE HEADS OF DEPARTMENT PAINT A PICTURE OF A PROBATIONARY OFFICIAL WHO , ON THE BASIS OF A COMPREHENSIVE ASSESSMENT , DOES NOT SATISFY THE STANDARDS OF ABILITY AND EFFICIENCY REQUIRED BY ARTICLE 27 OF THE STAFF REGULATIONS . THE APPLICANT ' S OBSERVATIONS ON A NUMBER OF SPECIFIC POINTS ARE NOT OF SUCH A KIND AS TO CAST DOUBT ON THE CORRECTNESS OF ALL THE ASSESSMENTS MADE BY THE HEADS OF DEPARTMENT IN THE EXERCISE OF THEIR DISCRETIONARY POWERS .
28 AS FOR THE OBSERVATIONS ON THE APPLICANT ' S UNSUITABILITY FOR THE PHYSICAL DUTIES INVOLVED IN THE POST OF STOCKROOM ASSISTANT , THEY DO NOT APPEAR , IN SPITE OF THE UNFORTUNATE WORDING USED BY THE AUTHOR OF THE PROBATION REPORT , TO BE THE RESULT OF A PREJUDICE ON THE PART OF THE ADMINISTRATION IN RELATION TO THE APPLICANT ' S SEX , BUT ARE THE RESULT OF AN INDIVIDUAL ASSESSMENT BASED ON OBSERVATION OF THE APPLICANT AS SHE CARRIED OUT HER DAILY DUTIES . IT THEREFORE DOES NOT APPEAR THAT THE ADMINISTRATION INFRINGED THE PRINCIPLE OF EQUALITY OF OPPORTUNITY FOR MALE AND FEMALE WORKERS IN ALSO TAKING INTO ACCOUNT , AT THE END OF A PROBATIONARY PERIOD REGARDED AS DISAPPOINTING IN EVERY RESPECT , THE FACT THAT THE PHYSICAL CONDITION OF THE PERSON CONCERNED SEEMED ILL-SUITED TO THE REQUIREMENTS OF THE POST FOR WHICH SHE HAD APPLIED .
29 THUS IT APPEARS THAT THE APPOINTING AUTHORITY DID NOT , IN ASSESSING THE OUTCOME OF THE APPLICANT ' S PROBATIONARY PERIOD , EXCEED THE LIMITS OF THE DISCRETIONARY POWER WHICH IT MUST BE RECOGNIZED AS ENJOYING IN