Cops want promotions injunction varied to become inspectors

A group of 30 police officers whose promotion to the rank of inspector is being stymied by a High Court injunction, wants the court to vary its order so the officers can be elevated before December when the present order of merit list is expected to expire.

On Wednesday last week, the officers filed an application asking for the injunction to be varied to exclude them since they say it is a grave injustice to them and they are being unfairly denied the opportunity for promotion.

They are represented by a team of attorneys led by former attorney general Anand Ramlogan SC, and hope to be included in the substantive claim filed by their colleagues so that their position can be heard.

In December, a group of 29 sergeants, including secretary of the Police Social and Welfare Association Ancil Forde, filed an application of judicial review. They were granted an injunction which prevented the promotion of those in their rank to the rank of inspector.

Judgment on the grant of leave was reserved and has not yet been delivered.

In their application, they say they have completed all the relevant promotion examinations and have been placed on the order of merit list. They say they were called to receive their instruments of appointment but were then told they could not be promoted because the injunction prevents it.

The merit list is valid for only one year, and they say unless the injunction is discharged, it is unlikely they will be promoted since the list expires on December 15. Some 50 officers are affected by the injunction.

They also say the issue has ramifications for other officers in line for promotion to the rank of sergeant and many of them are already nearing pre-retirement age so they will retire with less pension and benefits.

“The longer the delay in being promoted to the rank of inspector, the less time there is to complete our mandatory one-year probationary period which renders us eligible to be considered for promotion to the next higher rank of assistant superintendent,” one of the officers said on affidavit.

Their application said at a time when the country is under a state of emergency, it was in the public’s interest that the police service was operating at optimum capacity and morale.

“Notwithstanding the unfair treatment to which we have been subjected, we continue to proudly serve our country in the midst of one of the biggest threat the modern world has encountered, the covid19 pandemic,” acting Insp Aslim Hosein.

“We are constantly exposed to the threat of contracting the deadly covid19 virus. Indeed, many police officers (including some of the applicants) have in fact contracted the virus and even died from it.”

He said one of the officers on the merit list, acting Insp Danraj Maharaj, died in January without being able to benefit from the salary and benefits of an inspector.

“His family will not be able to enjoy the fruits of his labour and service because he could not get his promotion to the rank of inspector as a result of the injunction.”

On Monday last week, Police Commissioner Gary Griffith wrote a lengthy letter to all police officers, singling out Forde as well, after he was accused of appointing a promotion board in contravention of the regulations.

He clarified the issue relating to the composition of the board, but said the issue of promotions, were completed before March this year. He also said to start over the process would have been costly.

“These promotions were done with the intention of rectifying what I saw as one of the major issues affecting morale in the police service, that of not giving persons promotions that are justly deserved. It was not done to benefit any one officer or group of officers, but in the interest of the service as a whole which, for years, had grown accustomed to persons doubly, and in some cases triply, acting.

“As commissioner, I have always sought to reward persons who have earned their rewards.”

He said the legal action did not benefit the majority of police officers but was stymieing the promotion process.

Griffith said changes were being made in the police service “with a view of utilising the most pertinent skills in relevant areas.”