Teacher to get $400,000 in arrears for commission's violation of his rights

A SECONDARY school teacher will receive his salary arrears and interest for a violation of his rights by the Teaching Service Commissioner (TSC) in a seven-year delay in interviewing him to determine his suitability for teaching physics and integrated science.

Prakash Sugremsingh, a Teacher I at Barrackpore East Secondary, won his lawsuit against the TSC on August 15.

Justice Frank Seepersad, in a strongly-worded judgment, ordered the TSC to interview Sugremsingh and awarded him $30,000 in compensation for the violation to his rights.

After a two-day accounting exercise, the judge made his final order on the arrears Sugremsingh is owed, plus 2.5 per cent interest on the various sums.

Sugremsingh will receive $390,373.74 in arrears.

That figure will increase after the Education Ministry receives “missing performance appraisals” from the school’s principal so it can process his increments from 2020 to the present.

At a hearing on October 30, Seepersad said the State had an obligation to pay employees their entitlements and not deprive them of their property, which was an infringement of their rights.

“When this occurs, it is a cause for concern.

“In this matter, the non-payment stemmed from an administrative failure which led to the TSC’s decision to appoint him not reaching the ministry, which resulted in the ministry not processing salary at his legitimate post from 2010-2024.

“The situation on the evidence is quite alarming and patently unacceptable.”

The judge said smooth and easy transmission of information in the public service was critical.

“Yet still, in 2024, too many arms and divisions of the State are applying processes that pre-date independence.

“No one gainfully employed in the public service should be deprived of their just due and benefits.”

He expressed hope that what happened in this case serves as a catalyst for change.

In his lawsuit, Sugremsingh said he was appointed assistant teacher III in 2000 and placed at Shiva Boys’ Hindu College. His salary grade was $4,131-$4,971.

He then applied to the Corinth Teachers College for his teacher’s diploma. In 2010, he graduated from the University of Trinidad and Tobago with a bachelor of education, secondary, with a specialisation in integrated science.

Sugremsingh asserted he had not been promoted for 12 years, although his transcripts were sent to the Education Ministry. He said he was then told he needed to complete a bridging programme, which he did.

In 2017, he received an assessment letter from the ministry confirming he was qualified for promotion, but had to be interviewed by the TSC.

He had not been interviewed and was still being paid as an assistant teacher.

In 2023, the TSC indicated he was appointed Teacher 1 Secondary (Grade III) in 2010. However, his payslips never reflected the increase in his pay grade.

In his ruling, Seepersad said, “This evidence instils a significant degree of disquiet in the court’s mind and suggests that the first defendant’s current modus operandi and organisational structure are in dire need of reform.

“If, as the evidence suggests, there exists at least a seven-year delay between the time one becomes qualified to be interviewed and when the interview is actually conducted, then such a scenario is completely unacceptable, as it does not accord with good administration."

He said there should be a "clarion call" for constitutional reform, as it appeared the TSC could no longer manage hiring, promoting and disciplining teachers effectively and efficiently.

The TSC played a critical role in the country, he said, and vacancies in the school system should be filled immediately so that children get the best possible education.

Seepersad said qualified citizens should expect relevant and meaningful employment in their chosen fields in a reasonable time, considering the hundreds of billions of dollars the State invested in education.

“If such opportunities do not exist, then the society must reassess, review, reform and revamp its processes, as a matter of urgency.

“Any society which is unable to provide meaningful employment and engagement to its citizens stands on the brink of dysfunction as the lack of opportunity will certainly catalyse criminality and chaos.”

He stressed, “This court cannot and will not accept that the first defendant's inability to interview the claimant after nearly seven years is reasonable. The first defendant must do better, and its failure to interview the claimant and conduct its interviews in a timely manner is patently unreasonable.”

Sugremsingh was represented by Edwin Roopnarine. Natoya Moore, Evanna Welch and Sara Muslim appeared for the TSC and the State.