Sacked High Court Judge sues Gov’t for pension, gratuity & other benefits

– Defendants to file affidavit in answer
JUSTICE   Jainarayan Singh, a former High Court Judge who claimed that his employers had disposed of his services without giving him his entitlements of Pension, Gratuity and other benefits on reaching the retirement age of 62, is seeking $50M for breach of the Constitution.

In the matter of articles 128, 197, 149B, 213, 214, 215 of the Constitution of the Co-operative Republic of Guyana, the Plaintiff Mr. Jainarayan Singh has named the Attorney General of Guyana, the Judicial Service Commission, the Hon. Chancellor, (Ag.) Carl A. Singh in his capacity as a member and Chairman of the  Judicial  Commission, and on behalf of the members of the Judicial Service Commission, The Auditor General and the Accountant General, as defendants jointly and severally.
As commanded, the defendants have, within 10 days after the service of the Writ on them, to cause an appearance to be entered for them in an action at the suit of the above-named plaintiff.

INDORSEMENT OF CLAIM
The Plaintiff claims against the defendants, jointly and severally, are as follows:
(a)   A declaration that the Plaintiff at all material times held the position as a puisne judge, with security of tenure as guaranteed by the Constitution.
(b)  A declaration that the Plaintiff  is entitled on his retirement to all pension , gratuity and other benefits to which a puisne judge is entitled on reaching the mandatory retirement age of 62, whether under the Pensions Act or any other enactment.
(c)    A declaration that unilateral declaration and refusal by the Accountant General, on the advice of the Auditor General to effuse the plaintiff’s benefits, are made in breach of articles 149B,213 and 214 of the Constitution.
(d)    Damages in excess of $50,000.000.00 for breach of the Constitution.
(e)    An account of all monies as may be due to him as puisne judge on retirement, in particular pension and gratuity.
(f)    Payment of such sum as may be determined on the account or as the court decides.
This writ was issued by Messrs Edward A. Luckhoo, S.C., Khemraj Ramjattan, and Stephen G.N. Fraser, of Fraser, Housty and Yearwood, Attorneys–at-Law for the Plaintiff.
The third Defendant is sued in his capacity as a member and Chairman of the Judicial Service Commission.
The first defendant is sued in his capacity as the statutory defendant in claims against the Government of the State, pursuant to the provisions of the State  Liability and Proceedings Act.

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