High Court upholds Prisons Commissioner’s challenge of promotions
Acting Prisons Commissioner Deopersad Ramoutar has won another round of litigation against the Public Service Commission (PSC) over the filling of senior vacancies in the T&T Prison Service.
In a judgment on Monday, High Court Judge Nadia Kangaloo upheld Ramoutar’s lawsuit, in which he challenged a decision by the PSC to “skip ranks” by seeking to fill the position of deputy commissioner without first addressing vacancies at the lower ranks of senior superintendent and assistant commissioner.
Ramoutar, who has been acting in a position four times higher than his substantive rank of superintendent for more than two years, claimed the PSC breached an established prison service promotion policy and practice and its regulations.
In 2021, Ramoutar filed a lawsuit against the PSC over its move to introduce a competency-based interview after he topped the list of candidates for promotion to the rank of senior superintendent based on criteria set in 2014 and was awaiting retroactive promotion.
When the case was first filed, Ramoutar obtained an injunction blocking the PSC from filling permanent vacancies pending the outcome. However, the PSC was still permitted to make acting appointments and appointed Ramoutar to act in the top post following the retirement of former prisons commissioner Dennis Pulchan in early 2022.
In August 2022, High Court Judge Kevin Ramcharan ruled that the PSC’s decision to introduce a competency interview after Ramoutar placed first on the previous merit list was irrational and unreasonable.
Ramoutar filed another case and obtained an injunction from High Court Judge Avason Quinlan-Williams after the PSC sought to introduce a “suitability” interview after Justice Ramcharan’s decision.
He filed a separate case before Justice Kangaloo after he was invited by the PSC to participate in a promotion exercise for the rank of deputy commissioner in March last year.
In the case, Ramoutar’s lawyers Martin George and Sarah Lawrence claimed the PSC’s decision to go ahead with filling the senior position while the promotion process for the lower rank of senior superintendent was on hold based on the pending case before Justice Quinlan-Williams was illogical.
Director of Public Administration (DPA) Corey Harrison gave sworn evidence in the case and Deputy DPA Helen Warner was reportedly present in court for the judgment.
In determining the case, Justice Kangaloo ruled that the PSC’s decision to ignore and override its previous promotion assessment was arbitrary, irrational and unreasonable.
Contacted yesterday, Ramoutar said he was pleased with the outcome but declined to comment further as he noted that some of the promotion issues raised by him were still before the court.
However, he noted that the outcome of his litigation would benefit his colleagues as he will reach retirement age in June.
The PSC was represented by a legal team led by Senior Counsel Ian Benjamin.
BY: DEREK ACHONG
High Court upholds Prisons Commissioner’s challenge of promotions
