and that as a result of the investigation, the allegations were satisfied and the 1st defendant dismissed the plaintiff. That by a letter dated 6th September, 2004, the plaintiff requested him to review his order of dismissal. 57. The applicant further deposed in paragraph 6 that the summary dismissal was substituted with compulsory retirement. In paragraph 15, she deposed that the 1st defendant violated the rights guaranteed in Article 65 of the 1999 Staff regulations against the sanction of compulsory retirement imposed by the 1st defendant and the right of appeal under Article 65(a) of the Staff Regulations by their refusal to acknowledge her appeal or take steps to prepare the memorandum for presentation ·, to the next Administration and Finance Commission in that connection. 58. She further deposed m paragraphs 16,17,18, and 19 that the balance of convenience is in favour of the grant of the application, that she will suffer irreparable damage if the application is not granted; that no monetary compensation will assuage the damage to be done to her if a fait accompli is foisted on the court by the defendants; that she is willing to make an undertaking to pay damages to the defendants should the orders sought be found to have been made without justification and that there exist special and exceptional circumstances warranting the grant of this application. She then concluded by the deposition that it is in the interest of justice to grant the , application. ,, 59. In the counter affidavit the facts which are summarised in great depth in the summary of facts, the defendants in paragraph 4 (XXVI) deposed that the plaintiff failed to appeal to the 1st defendant for a review 9f the sanction of retirement as required by Article 65 of the staff Regulations but in paragraph 4 (xxvii) deposed that she the plain.tiff gave notice to the 2nd and 3rd defendants of her intention to appeal to the Council of Ministers against the decision of 9th February 2005. By that decision the 1st defendant reviewed the plaintiff's dismissal to retirement with effect from 1st 13

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