Acting Prisons Commissioner Deopersad Ramoutar is again challenging the lawfulness of the Public Service Commission to re-assess his suitability in an interview in 2023 for the 2014-2017 assessment period, for a rank which is several ranks lower than his current position of acting commissioner.
In 2021, Ramoutar filed a lawsuit against the PSC over its attempt to introduce a competency-based interview after he had topped the list of candidates for promotion based on criteria set in 2014 and was awaiting retroactive promotion.
Ramoutar was then granted an injunction blocking the PSC from filling permanent vacancies pending the outcome. However, the PSC was still allowed to make acting appointments and appointed Ramoutar to act in the top post following the retirement of former prisons commissioner Dennis Pulchan early last year.
Back in August, High Court Judge Kevin Ramcharan upheld Ramoutar’s case as he ruled that the PSC’s decision to introduce the competency interview was irrational and unreasonable.
Ramoutar filed a fresh judicial review case on Wednesday, as the PSC sought to introduce a “suitability” interview after Justice Ramcharan’s decision.
The case was considered by High Court Judge Avason Quinlan-Williams, who granted an injunction blocking the PSC from hosting the interview on Thursday.
The injunction states that the proposed interview cannot occur until the final determination of the new lawsuit.
Ramoutar legal team said: “The obvious effect of this is that any interview, whether labelled “competency based” or “suitability” could only assess the intended claimant’s current knowledge as it would be impossible for the intended claimant to compartmentalise the knowledge which he held in 2014-2017 for the purposes of the interview.”
“The intended claimant further wishes to point out that pursuant to General Order 98 of 2014, no interview has been conducted either within the assessment period or subsequent to the assessment period to effect the retroactive promotion of officers,” they added.
Ramoutar is seeking a declaration that the interview is unlawful. He is also seeking an order quashing the decision and another compelling the PSC to immediately ratify his retroactive appointment.
COMMENTS