Fyzabad teacher promoted after 13-year delay

A secondary school teacher’s decade-old grievance over the delayed reassessment of her qualifications and promotion to a permanent position has ended.

Two months after she filed a constitutional claim against the Ministry of Education, Marlena Mohan received confirmation from the ministry that the Teaching Service Commission (TSC) had permanently appointed her as Teacher III (Secondary), effective May 11. 2013.

The ministry’s letter to the principal of the Fyzabad Secondary School, where Mohan teaches form 4 Spanish, was sent on October 8 and received by the school on November 7. The TSC’s letter is dated September 11.

Mohan, a teacher since 2003, alleged that prolonged administrative delays and unfair treatment resulted in violations of her constitutional rights.

Her claim, filed by her attorneys David-Mark Kidney and Anton Grantum, centres on the delayed reassessment of her qualifications and the subsequent promotion.

Though her qualifications were acknowledged in 2011, she alleged her official promotion and salary adjustments were not finalised until 2024, despite her consistent performance of higher-level duties for over two decades.

Mohan also contended the years of earning below her entitled salary caused her undue financial stress and diminished the quality of her life.

She further alleged she was routinely assigned responsibilities beyond her formal designation without compensation. She also complained that colleagues with similar qualifications and tenure were reassessed and promoted before her.

Mohan’s claim highlighted the administrative delays she suffered, which it said was “illustrative of the maladministration and chaos between the Ministry of Education and the Teaching Service Commission.”

It also contended that it appeared the two authorities were “ineffectual in communicating with each other to rectify any errors and halt the further wastage of time, and detrimental effects to communicate and explain the errors that need to be corrected.”

Mohan also said since other colleagues with similar years of teaching and qualifications were seamlessly assessed as Teacher III, the difference in treatment between her and them amounted to discrimination.

“The Ministry of Education was unfair and unreasonable in its conduct of the claimant’s reassessment as it took 19 months to conduct a simple reassessment of the claimant’s qualifications.

“Whilst the claimant’s qualifications were reassessed as a Teacher III, it was not until August 19, 2024, that the claimant was informed by a letter dated June 18, 2024, advising her that she was re-assessed as a Teacher III (Secondary) Spanish and that her re-assessment takes effect May 10, 2011."

Her claim said it was "inherently unfair, unreasonable and arbitrary" for the ministry to have taken 13 years to upgrade and reassess her...

“As a result, the claimant has suffered financially by not earning the correct salary which is substantially less than the correct amount she ought to have earned and be earning.

“The claimant has suffered and continues to suffer loss and damage...(and) tremendous hardship, financial stress and frustration as a result of both the Ministry of Education and the Teaching Service Commission's maladministration, delay and unfair treatment."

It said senior public officials such as the permanent secretary and the director of the Service Commissions Department were "oblivious and insensible to the fact that their malfeasance, unreasonable delay and lackadaisical attitude" in dealing with upgrades and promotions had a significant impact on people's income, which substantially affects their lives.

Mohan will be entitled to salary arrears.

In August, Justice Frank Seepersad strongly criticised the TSC for a seven-year delay in interviewing a secondary school teacher in another lawsuit.

Seepersad said: “If...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 was completely unacceptable and did not accord with good administration.

He said there should be a "clarion call" for constitutional reform, as it appeared the TSC was no longer able to manage hiring, promoting and disciplining teachers effectively and efficiently. In addition, the number of teachers needed had dramatically increased since independence, but the process had "remained frozen in time as the republic appears to be wedded to inherited colonial processes," he warned.