A legal battle has ensued over the decision by the Public Service Commission (PSC) to rescind the promotion of an employee of the West Demerara Regional Hospital, (WDRH) from the position of Hospital Administrator.
According to the matter filed in November, Sanjah Persaud, an employee attached to the WDRH received a letter from the Regional Administration notifying him of a decision to rescind his promotion from the post with immediate effect, last September.
A copy of the letter outlining the decision was also sent from the Public Service Commission, (PSC).
According to the lawsuit drafted by Nandlall and Associates, the Court ordered the PSC, a Public Authority, to show cause why decision contained in a letter, dated September 26, 2017, which purports to rescind Persaud ‘s appointment as Hospital Administrator within Region Three with immediate effect, should not be quashed and made absolute.
In his application to the Court, Persaud outlined that in June 2016, he was informed by Dennis Jaikaran, the Regional Executive Officer, Region Three that the PSC granted approval to be appointed Hospital Administrator, within Region Three on probation for one year, with effect from 2016-05-13, inclusive; that he was acting in the position since 2013.
However without prior notification and for reasons unknown, Persaud said that he was notified last September of a decision to rescind his promotion. According to him, the letter outlining his appointment as Hospital Administrator is rescinded and he should revert to his previous position of Accounts Clerk II with immediate effect.
The man noted that he was not afforded a hearing by his respondents, neither was any reason given for the said decision. He also pointed out that the constitutional tenure of the PSC had ended at the time when it made the decision contained in the aforesaid letter, dated September 26, 2017.
In the circumstances, he argued that the said decision of the PSC is contrary to the rules of natural justice, arbitrary, whimsical, unlawful, and of no effect. The Court has since issued a temporary order quashing the decision of the PSC. It has also directed the PSC to show cause why the decision of the Court should not be upheld.
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