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301-370 Judgements of the United Nations Administrative Tribunal 1 (1983-1986)

handle is hein.unl/junadtt0007 and id is 1 raw text is: UNITED NATIONS ADMINISTRATIVE TRIBUNAL Judgement No. 301 (Original: English) Case No. 298: Against: The Secretary-General Sanchez of the United Nations Request by a former staff member of the United Nations for payment of education grant beyond four years of post-secondary education, and of education grant travel, in respect of Applicant's daughters. Decision of the Joint Appeals Board to make no recommendation in support of the appeal. Question of proper interpretation of eligibility under staff rule 103.20 (c) and administrative instruction ST/AI/181/Rev.5.-The Tribunal finds that staff rule 103.20 (c) correctly renders the meaning of staff regulation 3.2.-Staff rule 103.20 (c), as revised with effect from 1 January 1979, provides for eligibility during four years of post-secondary education and not to the point where the child successfully completes his fourth school year level.-The Tribunal holds that the extension of the period of eligibility under staff rule 103.20 (c) in cases when the child's education is interrupted applies only to the age limit of 25 years.-The rule does not distinguish between the school years, whether they fell before or after the date of entry into force of the new system of the grant, i.e., 1 January 1979.-The Tribunal, in conformity with the general principle of interpretation lege non distinguente nec nobis est distinguere, cannot make a distinction where the law does not make one. Pleas concerning travel expenses, not considered by the Joint Appeals Board, are not receivable under article 7 of Tribunal's statute. Application rejected. THE ADMINISTRATIvE TRIBUNAL OF THE UNITED NATIONS, Composed of Mr. Endre Ustor, President; Mr. T. Mutuale; Mr. Roger Pinto; Whereas at the request of Luis Carlos Sanchez, a former staff member of the United Nations, the President of the Tribunal, with the agreement of the Respondent, successively extended to 30 July, 30 August and 21 September 1982 the time-limit for the filing of an application to the Tribunal; Whereas, on 21 September 1982, the Applicant filed an application the pleas of which read as follows: The Applicant is contesting the refusal of the Respondent to pay education grants for the academic years 1979 and 1980 and education grant 1

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