Human rights activist Ramesh Lawrence Maharaj says a healthy democracy will not force national security officers to face the courts in their quest for basic rights.
He was speaking at a press conference hosted by the By Pass Posse, a group of 38 Second Division fire officers who took legal action after being passed over for promotion.
The officers, through Maharaj, filed a judicial review application against the Chief Fire Officer (CFO) and the Public Service Commission which was heard before Madame Justice Joan Charles.
“The Judge ordered that both the CFO and the PSC have unreasonably delayed the decision to promote the claimants to the office of fire sub officer and then other claimants to fire sub station officer. Then she found the continuing failure of the defendants to promote the claimants as set out in her judgement was unlawful,” Maharaj explained.
He said considerations for promotions were ordered to be remitted.
The judge also ordered that the fire officers were entitled to acting allowances for the period in which they acted in more senior posts than their substantive office.
However, instead of granting the benefits, the PSC decided to appeal the matter on the basis that the judge was wrong.
Saying there was “no legal basis or factual basis for the Court of Appeal to overturn the judgement,” Maharaj said it was disheartening and demotivating for officers to have to fight for their just dues.
He said litigation was traumatising and expensive, adding that governments should utilise mediation in matters involving important sectors of national security.
Spokesman for the group, Dave Sennon, said eight out of the 38 officers had since retired without major benefits.