BIR auditors lose promotion challenge

The group challenged a decision by the Public Service Commission (PSC) which they claimed, failed to consider them for promotion to the position of Field Auditor III at the BIR, when there was a legitimate expectation they were to be elevated based on their qualifications.

In an oral ruling at the Hall of Justice yesterday, Justice Nadia Kangaloo ruled against the auditors.

She is expected to deliver her written ruling later this week.

The affected Field Auditors said they were told by virtue of memoranda from the Director of Personnel Administration (DPA) and the Chief Personnel Officer that the post of Field Auditor III was considered as a professional level post for which professional qualifications in accounting or a similar type qualification were necessary.

They claimed a legitimate expectation was created and the PSC could not now say that there was no stipulation for professional qualifications in the Civil Service Regulations for the post of Field Auditor III.

Attorney for the Public Service Commission Russell Martineau SC, had argued that the CPO was not authorised by statute to treat with promotions but can only set terms and conditions for public officers.

The sole responsibility for promotions, he maintained, fell to the PSC. According to Martineau, regulations governed promotions in the public service and there could not be any legitimate expectation inconsistent with the regulations set out under the Civil Service Act.

The promoted group of Field Auditors, which joined the matter, insisted that they had a right to be promoted as they urged the judge not to grant their colleagues’ request to have the promotions set aside.

The group of Field Auditors I were represented by Senior Counsel Douglas Mendes, while the DPA was represented by attorney Gerald Ramdeen.