A RETIRED schoolteacher has won a constitutional claim against the State after a High Court judge found that prolonged delays by the Ministry of Education denied her a fair opportunity to be considered for promotion.
In a ruling delivered last Friday, Justice Frank Seepersad upheld the case brought by Deborah Cassim, finding breaches of her rights to equality before the law, protection of the law and equal treatment by a public authority.
The judge ruled that Cassim is entitled to compensation but deferred the assessment of damages to a High Court master, who will determine the amount at a later stage.
Cassim entered the teaching service in 1990 and later upgraded her qualifications, earning a Teachers’ Diploma in 1993 and a certificate in Physical Education from The University of the West Indies in 2009. She later pursued a Bachelor of Science degree in Educational Services at the University of the Southern Caribbean and, before completing it, applied for promotion and transfer to the secondary school system.
In 2012, the ministry informed her that she had been promoted to Teacher III and assigned to Malabar Secondary School. Although she assumed duties, her salary remained unchanged, prompting repeated follow-ups with ministry officials.
Five years later, in 2017, a school audit revealed that she was still classified as a Teacher I, contrary to the earlier correspondence.
Efforts to have her status regularised were hindered by administrative delays, including reports that her documents had been misplaced. In 2023, she was advised that revised promotion criteria introduced in 2019 would apply and was asked to provide detailed academic transcripts.
Cassim retired in 2025 without the issue being resolved.
Through a legal team led by Senior Counsel Anand Ramlogan, she filed proceedings seeking disclosure of information on her own promotion process as well as that of similarly qualified colleagues who were advanced. Her attorneys argued that, had her documents been processed in a timely manner, she would have been promoted.
They contended that administrative failures resulted in her being denied reassessment and advancement despite being in a comparable position to other teachers.
The legal team further maintained that she was treated in an arbitrary and unequal manner and should have benefited from any waiver of revised promotion requirements granted to her peers. They also pointed to the financial impact of the delay, noting that Cassim, as the sole breadwinner following her separation, faced increased mortgage obligations without the benefit of a higher salary.
Cassim sought compensation equivalent to the earnings she would have received had her promotion been properly addressed.
Appearing along with Ramlogan for Cassim were attorneys Jayanti Lutchmedial-Ramdial, Ganesh Saroop, Jared Jagroo and Natasha Bisram.
