Latest update April 19th, 2024 12:59 AM
Aug 27, 2015 News
A new trial has commenced into the matter for which retired Judge, Jainarayan Singh, has challenged the Government over its decision to deny him pension, gratuity and other benefits.
The former High Court Judge, who retired at the age of 62, after eight years of service, is claiming that he is entitled to all pensions, gratuity and other benefits of Puisne Judge at the Supreme Court of Judicature, given that he had reached the mandatory age of retirement.
According to the lawsuit filed in 2011, Singh is claiming in excess of $50M worth in damages.
Singh is seeking a declaration by the court that, at all material times, he held the position as a Puisne Judge, and his security is guaranteed by the Constitution.
In his original endorsement of claim, the retired judge cited the Pensions Act and other enactments. He noted that refusal by the Accountant General, on the advice of the Auditor General to give him benefits was made in breach of articles 149B, 213 and 214 of the Constitution.
As such, the Attorney General of Guyana, the Accountant General, the Judicial Service Commission, (JSC) and Chancellor of Judiciary (Ag) Carl A Singh, in his capacity as Chairman and Member of the JSC are listed as defendants in the matter.
Attorneys Edward A. Luckhoo, S.C., Khemraj Ramjattan, and Stephen Fraser, are for the Plaintiff.
Chief Justice (Ag) Ian Chang had presided over the initial trial, but recused himself, citing conflict of interest. Consequently, Justice Nareshwar Harnanan was assigned to oversee a new trial.
At commencement of the trial yesterday, the plaintiff took the witness box and led evidence in chief.
Justice Singh essentially reiterated he worked for eight years as a Puisne Judge of the High Court but after retirement, he was denied pension, gratuity and other benefits that are usually given to retired adjudicators.
The matter is scheduled to continue on Monday.
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