Eight workers move on PSC

EIGHT regional corporation employees have taken the Public Service Commission (PSC) to court over the failure of the Commission to appoint them to the post of Road Officer I in the Ministry of Local Government. Surendranath Ramnath, Dhanraj Ramsubhagh, Soogrim Bellarsario, Errol Lutchman, Kameel Ali, Chanka Koon Koon, Harold Baboolal, and Roy Ramnath, filed an application in the San Fernando High Court Registry in which they are seeking judicial review of the decision of the PSC not to appoint them to the substantive monthly-paid post of Road Officer I.

The application was filed by attorney Garnet Mungalsingh, but the case will be argued by Ramesh Lawrence Maharaj SC. No date has yet been fixed for the hearing of the application for leave. Surendranath Ramnath and Errol Lutchman work with the Couva/Tabaquite/Talparo Regional Corporation; Ramsubhagh and Bellarsario, the Penal/Debe Regional Corporation; Ali and Koon Koon, the San Juan/Laventille Regional Corporation; Baboolal and Roy Ramnath, the Mayaro/Rio Claro Regional Corporation.

They are seeking a declaration that the refusal and/or failure of the PSC to appoint them to the post of Road Officer I was unlawful, illegal, null and void and of no effect. They also want a declaration that the decision of the PSC to refuse to appoint them, notwithstanding their request by letter dated February 9 that they be appointed, was unlawful and illegal. They want an order of mandamus directing the PSC to appoint them to the post of Road Officer I. The applicants contend that they have been denied their legitimate expectation of a substantive benefit, namely to the appointed.

They argue that their legitimate expectation were revoked in the absence of any grounds and without giving them an opportunity to make any representations to be heard. They believe the PSC failed to pay any regard to them. They contend that the Commission acted unfairly towards them and the Commission has breached the rules of natural justice. The eight employees pointed out that they have continuously served with commendation as Road Officers I. In the case of each applicant, the Chief Executive Officer of the respective regional corporations had recommended them to be appointed to Road Officer I.

The applicants alleged that the conduct of the PSC was conduct equivalent to the breach of a representation which amounts to an abuse of power. They also contend that the conduct and decision of the Commission was an unreasonable, irregular, and improper exercise of discretion in that by refusing the application for appointment, it acted inconsistently with the constitution.