Former acting Region Three Hospital Administrator Sanjah Persaud, has lost his bid at being reinstated to that position, owing among other things, to the fact that he was not qualified for the post in the first place.
This pronouncement was made yesterday afternoon by Chief Justice (ag) Roxane George-Wiltshire SC who delivered a ruling in the case.
Complaining that he had never been afforded a hearing prior to the decision revoking his appointment, Persaud had filed an action against the Regional Executive Officer (REO) of Region Three and the Public Service Commission (PSC), which he said were seeking to demote him to an accounts clerk.
In handing down her judgment, Justice George-Wiltshire said it was revealed that Persaud (the applicant) had only been acting in the position. She noted that by his own admission, he had been on a one-year probationary period.
The judge said it was further found that Persaud was not qualified for the position and could not produce any evidence to the contrary, while adding that even during his probation period while acting in the position, he did nothing to qualify himself for the post.
The court noted, too, that there was no regulation which the PSC was found to have breached by not confirming the applicant in the position he sought.
Against this background, the judge said that the PSC could not and was under no obligation to confirm Persaud to the post.
Meanwhile, to his argument that the life of the PSC had already ended at the time it revoked his appointment, the judge said that this was found not to be the case, owing to evidence presented by the Commission.
In the circumstances, the Chief Justice said she could not conclude that the Nisi orders being sought by the applicant be made absolute, while reiterating that the court could not confirm that Persaud was even qualified for the position.
Resultantly, the judge discharged the Nisi Orders; making no orders as to the payment of court costs.
Persaud was represented by attorney Anil Nandlall, while the PSC and Region Three REO were represented by the Attorney General’s Chambers.
In his application, Persaud had asked the court to grant an Order or Rule Nisi of Certiorari directed to the PSC quashing its decision contained in a letter, dated the 26th day of September, 2017 on the grounds that the said decision is contrary to the rules of natural justice and unconstitutional and that the body be ordered to show cause why the said order should not be made absolute; a Writ of Certiorari directed to the PSC quashing its decision contained in the letter; an Order or Rule Nisi of Prohibition directed to the PSC and/or the Regional Executive Officer (REO) of Region Three restraining them, by themselves, their servants and/or agents from appointing any person to act in or perform the functions of the office of Hospital Administrator and that both be ordered to show cause why the said order should not be made absolute; and a Writ of Prohibition directed to the PSC and REO restraining them, by themselves, their servants and/or agents from appointing any person to act in or perform the functions of the office of Hospital Administrator.
In his affidavit, Persaud had said that by way of a letter, dated 7th June, 2017, Dennis Jaikaran, the REO of Region Three, informed him that the PSC had granted approval for his appointment as Hospital Administrator, on probation for one year, with effect from 2016-05-13.
He had been acting in the post since 18th March, 2013.
He said that without any prior notification and for reasons unknown, he received a letter, dated 26th September, 2017, from Jaikaran, rescinding the appointment and reverting him to the position of Accounts Clerk II with immediate effect.
According to Persaud, he became aware that the REO was taking steps to appoint someone to act in the position and as a result, his attorney wrote to the REO.
According to the letter, a copy of which was contained in the affidavit, Nandlall informed that in the legal proceeding which would have been filed either on or before Mon-day 2nd October, of 2017, one of the reliefs being sought was an order prohibiting the filling of the position until the hearing and determination of his client’s matter.
“Therefore, any attempt to fill this position in the interim will be construed as a deliberate attempt to defeat and pervert the intended legal proceedings,” Nandlall had written.