Gedeon Mahabir (Appellant) v Public Service Commission and another (Respondents) (Trinidad and Tobago)

Hearing listed

Case summary
Appeal
Change log

Case summary

Case ID

JCPC/2022/0011

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Gedeon Mahabir

Respondent(s)

(1) Public Service Commission, (2) Martin Martinez (Commissioner of Prisons)

Issue

What is the correct interpretation of Section 121(1) of the Constitution of the Republic of Trinidad and Tobago and Regulation 168 of the Public Service Commission Regulations (“Reg. 168”) in the context of prison officer promotions?

Facts

The Appellant is a prison officer appointed by the Respondent. At the commencement of these proceedings, he held the office of Prison Officer I. The proceedings concern the decision not to promote him to the rank of Prison Officer II. The Appellant was assessed for promotion under the “Points Based System” established by the Public Service Commission. Following the assessment, the Appellant was not promoted. Among those promoted were five people who were no longer prison officers, having either resigned or retired since the assessment was carried out; their promotions were backdated to December 2011. The Appellant issued proceedings by way of Judicial Review on 31 July 2013, challenging the decision not to promote him/to by-pass him for promotion in favour of people who were no longer public officers. The Appellant also submitted that the Respondents had failed to adhere to the procedures in Reg. 168. The High Court dismissed the claim by judgment dated 17 June 2015. The Court of Appeal dismissed the Appellant’s appeal on 8 June 2021, finding that: (1) it was not unlawful to promote, as of December 2011, officers who had been in office at that time and during the periods relevant to assessment, but were no longer in office at the date of the decision to promote; (2) there was no illegality, irrationality or procedural unfairness in the promotion decision; and (3) there had not been any breach of Reg. 168. The Appellant now appeals to the Judicial Committee of the Privy Council.