Latest update April 18th, 2024 12:59 AM
Apr 04, 2018 News
Former Registrar and Solicitor General, Sita Ramlall has filed an application in the High Court over money she claims has been withheld from her since her retirement.
In the application drafted by a battery of lawyers, including Nigel Hughes, Ramlall is seeking all pensions and gratuity earned during her public service until the date of her retirement.
Ramlall is seeking in excess of $66M in pension and gratuity with effect from January 2017. She is also asking the Court for an order directed to the Attorney General, as representative of the Government of Guyana, the Minister of Finance, the Finance Secretary and the Accountant General to make payment for all accumulated leave amounting to 443 days during the period 1993-2008 and amounting to the sum of $20,653,103 and leave passage allowance for the year 2017 amounting to the sum of $764,200.
In the application filed on February 27 last, Ramlall is claiming vindicatory damages in excess of $1M for the violation and infringement of her fundamental rights and freedom.
The retired Registrar is therefore seeking a declaration by the Court that she is entitled to be paid pension and gratuity as a result of the applicant’s retirement from public office, pursuant to the Pensions Act, Chapter 27:02.
Ramlall believes that the withholding of payment of pension and gratuity since her retirement is a violation of and contravention of the applicant’s fundamental right and freedom to pension and gratuity guaranteed under Article 149 B of the Constitution of the Co-operative Republic of Guyana.
The application outlined that “Article 149 B provides that every public sector worker shall enjoy an absolute and enforceable right to any pension or gratuity granted to him or her under the provision of any law or collective agreement of any kind whatsoever.”
She is also claiming withholding of payment in lieu of leave for 443 days for the period 1993-2008, amounts to a deprivation of property in contravention of Article 142 (1) of the Constitution of the Co-operative Republic of Guyana.
Ramlall views that the withholding of payment of Leave Passage entitlement for the year 2017, earned in the year 2016, also amounts to deprivation of property in contravention of Article 142 (1) of the Constitution.
In the affidavit in support, the former Registrar and Solicitor General noted she has over 50 years of service to the State of Guyana, starting from 1966 – 2017.
Ramlall detailed her public service career and qualification and noted she only ceased performing active duties as Solicitor General in December 2016. The retired Registrar explained that at the time she was on vacation leave for the years 2014, 2015 and 2016.
Ramlall outlined that it was during this time that she began to have difficulties accessing her vacation allowance and other benefits.
She said that she has since had meetings with the Attorney General Basil Williams and Permanent Secretary of the Ministry of Legal Affairs Delma Nedd, to whom she expressed both orally and in writing, the request for her pension and gratuity due as a result of her service to public service.
The applicant claimed that the parties had requested that she provide proof of her service before any action could be taken on her behalf.
“I orally informed, Ms. Delma Nedd that it was not my responsibility to provide my record of service; a record of service within the personnel office of the Ministry of Legal Affairs, the Judicial Service Commission and the Public Service Commission.
She said Nedd later informed her that the Accountant General “approved the payment of an advance of my gratuity which has since been paid”.
However the remainder of her calculated retirement package from the public service career has not been paid. This has resulted in the legal action taken by Ramlall. The matter is set to come up tomorrow (April 5) at the High Court, before Chief Justice (ag) Roxane George.
JAGDEO ADDING MORE DANGER TO GUYANA AND THE REGION
Apr 18, 2024
SportsMax – West Indies captain Hayley Matthews has been named Wisden’s leading Twenty20 Cricketer for 2023, as she topped all and sundry, including her male counterparts. Alan Gardner looks...Kaieteur News – Compliments of the Ministry of Education, our secondary school children are being treated to a stage... more
By Sir Ronald Sanders Waterfalls Magazine – On April 10, the Permanent Council of the Organization of American States... more
Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.
Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: [email protected] / [email protected]