The Police Service Social and Welfare Association has been granted permission to challenge in the court a decision by acting Police Commissioner Stephen Williams recommending that the Government buy out the vacation leave of several senior police officers in the First Division. During a hearing in the Port-of-Spain High Court yesterday, Justice Carol Gobin granted the association leave to file for a judicial review of the recommendation made by Williams to National Security Minister Carl Alfonso, last month.
The association is contending that Williams’ decision would have a negative impact on their members, whose chances of timely promotion would diminish if the senior officers were allowed to hold onto their post until their retirement.
“The settled practice in the service is that First and Second Division police officers who are eligible for and have accumulated vacation leave would proceed on leave and that the next senior officer based on seniority and the existing order of merit list would act in their position. This settled practice is also consistent with the regulations," the association said in its application for leave.
Presenting submissions on behalf of the association yesterday, Senior Counsel Ramesh Lawrence Maharaj said the association was also given a legitimate expectation that they would be consulted by Williams before he made his decision on the issue. Maharaj referred to the fact that between 2013 and last year the issue was discussed by the two parties (the association and Williams) with the commissioner agreeing not to make the recommendation to extend the officers’ leave.
Williams was not able to respond to the lawsuit as it was filed ex parte. He will be able to do so on the next hearing of the case. Asked yesterday if his clients were seeking an injunction stopping the Government from implementing Williams’ recommendation, Maharaj said no. Instead, he said, his clients would be serving the commissioner and Cabinet with notice of the lawsuit, to give them an opportunity to refrain from the move on their own, until the case was determined.
The association is also being represented by Ronnie Bissessar and Varin Gopaul-Gosine. The case has been adjourned to October 15.