SCHOOL TEACHER LOSES DISCRIMINATION CASE

School teacher Sahadeo Maharaj,  who had claimed discrimination and inequality of treatment when another teacher was promoted to act as principal at the Corinth Teachers’ Training College (CTTC), lost his appeal yesterday and was ordered to pay the Teaching Service Commission’s TSC legal costs. Maharaj’s main problem in the case was that he was promoted in 1976 in  error by the  (TSC). Justice of Appeal Ivor Archie who delivered the judgment yesterday, stated: “This case is about the ability of a public body to reverse a decision taken in error when a person affected has relied upon and enjoyed the benefit of that decision. The TSC erroneously confirmed the appellant’s (Maharaj) appointment to the office of Teacher II on an effective date earlier than his date of first appointment to that office.

The effect of that was to give him a seniority date ahead of persons who had been originally appointed before him. It had no power to do so. The appellant’s claim of discrimination and inequality of treatment fails because the removal of a benefit to which he was not lawfully entitled cannot constitute discrimination or inequality of treatment.” The judgment was endorsed by Justices of Appeal Roger Hamel-Smith who sat as president of the court, and Rolston Nelson. According to the court, Maharaj was a teacher II assigned to the CTTC. On October 10, 2001, the principal of the college went on pre-retirement leave and the vice-principal was appointed to act in her stead.

The established procedure is that the most senior teacher II would then be appointed to act in the post of vice-principal. Maharaj was of the view that he was the first in line but was disappointed when another teacher name Jones was appointed instead. The court said the propriety of that appointment turns on whether Maharaj’s effective date of appointment as a teacher II was September 9, 1976, as he alleged, or November 9, 1976 as the Commission stated. Jones’ date of appointment as a teacher II is October 5, 1976. The court observed that Maharaj was relying on a letter from the TSC dated April 1980 which purported to confirm his appointment as a teacher II “with effect from September 9, 1976.” The Commission asserted that that letter was written in error and could not be relied upon for two main reasons. Maharaj was represented by Dr Fenton Ramsahoye SC and Anand Ramlogan while Ms C Hernandez appeared for the Commission.