After months and repeated callings, the Judicial Service Commission (JSC) is still to appoint a temporary judge to consider the request by Justice William Ramlall for constitutional redress for the deduction of millions in income tax from his salary.
When the matter was again called before Acting Chief Justice Ian Chang on Thursday, it was announced that Chancellor, Justice Carl Singh is currently on leave. As a result, the JSC has not been able to meet on the matter.
The court, however, noted that the moment the chancellor resumes duty, the JSC will meet regarding the way forward and the appointment of a judge. The matter has now been adjourned to October 13 at 1.30pm.
At an August 13 hearing, Justice Chang had announced that communication had been made with Chancellor Singh regarding the JSC’s appointment of a temporary judge. Thursday was then set as yet another of the many report dates on whether the JSC had succeeded in appointing a judge.
The chief justice had expressed his intention to recuse himself from hearing the case in which it is claimed that tax exemptions granted to both him and Chancellor Singh are discriminatory against Justice Ramlall, who says the situation has left him feeling inferior.
In a constitutional motion, filed on January 23 in the High Court, Justice Ramlall asked for a refund of the approximately $34 million with interest, which was deducted from his salary from 2004 to the end of 2014.
In addition, he is also requesting declarations that he has been denied equality and equal protection and benefit under the law; that Section 13 of the Income Tax Act is discriminatory against him; that the deduction of income tax is an unlawful alteration of the terms and conditions of his service; that the State is not entitled to take or receive income tax from him and that in keeping with article 197 (10) he is entitled to a monthly pension and retirement benefits of not less than seven-eighths of his salary at the time of his retirement.
