THE FINAL WORD.

Dominion, Volume 7, Issue 1992, 24 February 1914, Page 6

THE FINAL WORD.

■'IN-PUBLIQ SERVICE 'APPEALS,

■;A-' question which is being discussed with'some'interest/by members' of .the .Public' Ser.vice.'at the;'present, timel'relates to the respective powers of the Public Service Commissioner . and • the Public' Service Board of Appeal, 'i'he position disclosed appears to be that while the Appeal.Board, has largo powers in questions relatihg'"to -the status and salaries of officers, it has no power to vary the decision of the. Public Service .Commissioner Where an officer appeals against, his non-promotion, to a position to which another officer has bcen'appointed. '••*>■ -s Section 31 of the Public Service Act provides that "any officer dissatisfied ..with.any decision of the Commissioner in regard to. the grade: affecting suclv'officer, or in regard to tho classification of the" work performed by or assigned-to . •him, or, in regard to,'salary 'or, promotion; may forward* to" ;the. Com'mis,signer,, within thirtyday's after such decision has' been notified to him, a notice 'of appeal sotting . forth the grounds of his. dissatisfaction, and the Board 'of. Appeal, constituted in the manner hereinafter set-forth, shall thereupon consider such appeal, and grounds thereof, and any further evidence in relation thereto which tho . board may consider necessary for the proper determination of the appeal, and tho ? ::dccision of■.,the. .Board of Appeal ; - thereon shall bo 'final'." '.;-'.'.. ')-, •'.. "'.. In several cases the' Commissioner, it is'sfated, has forwarded to tho board appeals against the non-promotion of ' an_pfficor to .the position which ho'was asking for, and they have been heard by-the board at considerable length. But.now a peculiar position has arisen. An :officei; recently appealed against his , non-promotion and against the promo- ' tiohof another officer to the position he/sought. The Commissioner/ it is , stated,, obtained legal advice to tho effect that after an appointment is made by the Commissioner it is final, notwithstanding the terms of Section 31, quoted above. The officer concerned referred, the point' to a leading firm of lawyers,- who gave a contrary opinion, holding that the words "in regard to promotion" refer to anything having reference, to tbe promotion of an appellant —that the appeal would not be in respect to the promotion of the other man but in respect to tho non-promotion of tbe'appellant. '■ " The subject has already given rise to: a good deal of discussion. On tho ono'hand it is contended that the members of the Public Service are entitled to the fullest right of appeal, and on the other that if effect were given to ( a decision by tho Appeal Board in favour of an officer complaining that another had been promoted over his head, the Commissioner's right of appointment would bo destroyed.