Judgment No. 791
THE COMPLAINT IS DISMISSED.
The organization argues that because the post was regraded there was no longer any point in the complainant's challenging the lawfulness of the appointment. "The plea relates only to part of [the complainant's] claims and it fails anyway. As an unsuccessful candidate he may challenge any decision that served to invalidate the holding of the competition."
receivability of the complaint; cause of action; amendment to the rules; post classification; appointment; competition; candidate; other
"[T]he rule [by which receivability hinges on the official's having exhausted the internal means of redress] is not a hard-and-fast one, even though the Statute does not expressly allow any derogation from it. The derogation should in all fairness be allowed if the complainant has done his utmost to obtain a decision, but on the evidence a decision seems unlikely to be taken in reasonable time."
implied decision; failure to answer claim; receivability of the complaint; internal remedies exhausted; time limit; exception; reasonable time