Retired judges sue govt for outstanding salary increases, other benefits

Last Updated on Friday, 11 October 2024, 19:12 by Denis Chabrol

Justice Brassington Reynolds

Retired High Court Judges, Brassington Reynolds and Franklin Holder have sued the Guyana government for failing to pay them a retroactive 8 percent salary increase on their annual rate of salary up to December 2021.

In their lawsuits filed on October 10,2024 by Attorney-at-Law Stephen Fraser, they said that is a violation of the Constitutional Offices (Remuneration of Holders) Order because it should be used to calculate their salaries for the purposes of pension and so is inconsistent with and in contravention of their right to pension and superannuation benefits in keeping with Guyana’s Constitution.

Retired Justices Reynolds and Holder are each asking the High Court to order and declare that he is entitled to a monthly pension of GY$819,556 dollars and not the current pension of GY$758,849.

Retired Justice Franklyn Holder

Mr Reynolds wants the court to order Finance Minister Dr Ashni Singh, Finance Secretary Sukrishnalall Pasha and Principal Assistant Secretary of the Finance Department of the Supreme Court, Asaf Alli to pay him GY$5,132,010 being arrears of GY$1,161,160 for salary for January to December,2022, GY$2,639,000 in unpaid gratuity, GY$57,003 in arrears of pension for December 2022, GY$728,484 arrears of pension due for 2023 and GY$546,363 arrears of pension due for January to September, 2024.

Mr Holder is seeking a similar Court order to be paid G$5,034,896 being arrears of GY$950,040 for salary for January to September, 2022, GY$2,639,000 in unpaid gratuity, GY$171,009 in arrears of pension for October to December 2022, GY$728,484 arrears of pension due for 2023 and GY$546,363 arrears of pension due for January to September, 2024.

They also want the court to declare that the government’s failure to pay them the salary increase is inconsistent with and in contravention of the right to equal pay for equal work and right not to be deprived of property as guaranteed by Guyana’s Constitution.

Further, the High Court is being asked to find that Finance Circular  No.11/2022 dated November 18,2022 limiting the 8 percent increase to all traditional public servants, all staff of constitutional agencies and all members of the Disciplined Services employed up to December 31, 2022 payroll is unconstitutional.

The retired judges are also hoping to convince the court to order and declare that the respondents’ “failure, neglect and/or refusal” to pay them the retroactive salary increase is in “breach of their legitimate, both substantive and procedural expectation” that they would be paid a retroactive salary increase of 8 percent on their salary as at December 31, 2021.