Ex-city cop complains of three-year delay to medically retire him

The Hall of Justice. - File photo

A former police constable of the Port of Spain City Corporation has been granted permission to apply for judicial review against the Statutory Authorities Service Commission, alleging its failure to medically retire him.

Jodha Badal was permitted to pursue his claim by Justice Nadia Kangaloo on October 29.

Badal, represented by attorneys Michael Rooplal and Kevin Ratiram, is challenging what he describes as an unreasonable delay and breach of duty by the commission to act on medical board findings that declared him unfit for further service. A case management conference is set for November 14.

Badal, of Riverside Road, Curepe, was appointed as a permanently employed constable on June 10, 2003. He suffered a workplace injury on March 22, 2019, when he fell on a staircase at the Central Market, Beetham, striking his head and back. Since then, he has been unable to return to work.

Despite a 2021 medical board finding that he was unfit for government service, Badal said the commission failed to process his retirement, and his salary was stopped in February 2024 without notice. Letters from his attorney to the commission went unanswered for months, although the corporation twice recommended that he medically retire.

Badal’s claim alleges that the continued failure to act is “unlawful, unreasonable, procedurally unfair, and a breach of natural justice.” He is seeking multiple declarations, including that the commission’s inaction constitutes an omission to perform a statutory duty, along with an order of mandamus compelling his medical retirement within 30 days of the court’s ruling.

In his affidavit, Badal said the inaction has caused him “much financial hardship and emotional distress,” adding that he has been left without salary or benefits and is unable to seek alternative employment.

He said he was of the view that the commission was doing nothing to process the medical board’s recommendation. “This is causing me much financial hardship and emotional distress.”

He said if he were medically retired and boarded, he would be entitled to certain financial benefits and would also be free to seek alternative employment that his physical condition allows.

“As it is, I am without a salary, have gotten no benefits and cannot seek new or alternative employment.” He is seeking damages for loss.