Retired prison officer wins promotion case against PSC

Senior Reporter

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Former Prison Officers’ Association president Ceron Richards has won a key decision in his lengthy legal battle with the Public Service Commission (PSC) over a promotion.

On Tuesday, High Court Judge Robin Mohammed ruled that the commission had failed to award Richards the correct points for his qualifications during a 2021 promotion exercise for the rank of prisons supervisor.

Justice Mohammed directed the PSC to reassess the points awarded to Richards and reconsider his position on the merit list based on the revised score.

Richards retired while the case was pending. The outcome could result in a retroactive promotion and a larger pension.

In his lawsuit, filed through attorney Alvin Ramroop, Richards argued that he should have received two additional points for special courses because the commission failed to consider two of the five certificates he submitted.

He also sought additional points for his performance appraisals. He argued that the commission relied on a report covering 2011 to 2012 instead of two later biannual reports from an assistant superintendent, who rated his performance as outstanding.

Richards said the correct scores would have placed him ahead of several colleagues who were promoted before him.

Justice Mohammed criticised the commission for saying the two certificates were not in Richards’ dossier, even though they had been properly submitted.

“The failure of the defendant’s administrative machinery to ensure these documents were placed in the claimant’s dossier before the final decision is a failure for which the commission must bear responsibility,” the judge said.

“The failure to consider the documents was a material procedural impropriety and a breach of the principles of natural justice,” he added.

The judge found that Richards would have received two additional points if the certificates had been considered. He ruled that the commission had breached Richards’ constitutional right to natural justice and fundamental fairness in administrative decision-making.

However, Justice Mohammed dismissed Richards’ claim for additional points based on the later performance appraisal reports, finding that Richards had not properly submitted the reports he relied on. The judge ruled that the points awarded by the commission were not irrational or unlawful.

Although the judge directed the commission to reconsider Richards’ promotion, he also found that Richards was entitled to compensation for the breach of his constitutional rights.

The damages, Justice Mohammed said, should reflect “the distress and inconvenience suffered by the claimant as a result of the unlawful administrative action and the breach of his right to the protection of the law”.

The amount will be assessed by a High Court Master at a later date.

In a brief telephone interview, Richards said he felt vindicated. He suggested the commission had sought to victimise him because he had previously criticised its treatment of other officers while serving in the association.

“That was payback, and now I have been vindicated,” he said.

Richards said he had been distressed by the decision and the wait for the case to be resolved. He expressed hope that the commission would comply with the judgment quickly.

“I hope they will strictly enforce the judgment so my psychological state can be properly restored,” he said.

The commission was represented by Keisha Prosper, Shalini Singh, Sanjiv Sookoo, Avaria Niles and Kezia Redhead.