Retroactive promotion for soldier

Commissioned officer Winston Springer sued the defence council of the TTDF for its failure to hear his challenge to the decision of his commanding officer to adjust his seniority date and promotion.

In a ruling in Springer’s judicial review claim, Justice Ricky Rahim ordered that he was entitled to a decision of the council and there was unreasonable delay on its part to treat with the complaint.

Springer’s complaint was lodged on June 5, 2014.

After that seniority dates as a Lieutenant, as he then was, will be effective from July 25, 2011 rather than June 15, 2005, as he expected.

In his lawsuit, Springer, of Bon Air, Arouca, said despite all efforts on his part the council failed to make a decision on his complaint and his career advancement was in abeyance.

He also noted that his compulsory retirement date was due on June 17, 2016.

In a letter dated June 12 to Springer’s attorney Gerald Ramdeen, the secretary to the council said the council met on May 5 and agreed to promote him retroactively to the rank of captain effective June 15, 2009.

The letter also stated that the chief of defence staff will take steps to have the quantum of the salary arrears and terminal benefits calculated.

Only last week it was revealed that the council failed to meet for over five years, from 2012 to 2016 when a meeting was finally held on July 14, 2016 to treat with complaints before it by serving officers.

In that ruling, Justice Frank Seepersad was critical of the former People’s Partnership administration for failing to convene the council.

He said, “Such a circumstance is simply unacceptable and really amounts to a gross dereliction of the statutory obligation that it was mandated to follow.”