THE PUBLIC SERVICE.

Otago Witness, Issue 3145, 24 June 1914, Page 6

THE PUBLIC SERVICE.

RIGHT OF APPEAL. WELINGTON, June 11

Judgment was given in the Supremo Court to-day by His Honor the Chief Justice (Sir Robert Stout) on an application under the Declaratory Judgments Act, in regard to the interpretation of certain provisions in “The Public Service Act, 1913,” particularly those relating to appeals. The decision, which is of great importance to public officers, throws open the door of the right of officers to appeal very widely. After dealing at length with points raised by counsel, the Chief Justice said: The word ‘promotion’ means, and includes, the change to a new office, and by our Acts Interpretation Act, 1908,’ every provision in a statute is to receive such fair, large, and liberal construction and interpretation as will best insure the attainment of the object of the Act, and of such provision or enactment according to its true intent, meaning, and spirit. Promotion, meaning, as it does, appointment to a higher office, I do not know any authority that would warrant me in limiting its true meaning. Further, the general intent of the statute appears to mo to give a broad and liberal appeal to civil servants. There need arise no inconvenience if applications are asked for, and if the final appointment is not made until after 39 days after the decision has boon come to, and it is not therefore a case in which the maxim ab inconvenient! can bo applied. Lord Halsbury said, in Cooke v. Charles A. Voneler and Company (1901, a.c. 103, 107). that a court of law has no jurisdiction to disregard what the legislature has enacted. It cannot balance one inconvenience against another inconvenience, or choose between alternatives. The words in this statute are clear, and it does not appear to me that, bv reading ‘promotion’ as meaning ‘promotion’,’ any greater inconvenience can arise than may arise in carrying out the other provisions of section 31. I must therefore answer the questions put as follows: “(1) Is the decision of the Commissioner, under ‘The Public Service Act, 1912,’ promoting or annointing an officer to a. position that has become vacant, or to a now position, final and conclusive as a.aainst another officer who claims to be entitled to, and applies for, nromotion to such vacant or now position? —No. „ „ “(2) Has such last-mentioned officer the right to appeal to the board against the decision of the Commissioner refusing him such promotion and promoting or appointing the first-mentioned officer to the said position ?—Yes. ‘‘(3) Generally, what arc the powers of the Commissioner, and the rights of officers, and the powers and duties of the Board of Appeal, under section 31 of ‘The Public Service Act, 1912’ ?—'The officer can, after application for an office, and notified-

tion of the decision of the Commissioner against him, appeal to the board. “(4)- In particular, in the case of an officer who claims to have been, or to be entitled to, and who ajrplies for promotion, and who has been passed over by the Commissioner, has such officer any, and what, right to appeal to the Board of Appeal?—Yes; ho can appeal. “(5) Has the Commissioner the right to withhold from the Board of Appeal the appeal of any officer forwarded to him on any matter under section 31 of ‘The Publio Service Act, 1912 —No.”

At the hearing Mr Myers appeared for the New Zealand Public Service Association (plaintiffs), and the Public Service Commissioner (defendant) was represented by the Solicitor-general (Mr J. W. Salmond, K.C.).