Court orders GES to put retired teacher on "Cap 30"
Ho, July 16, GNA- A Ho High Court presided over by Mr Justice Kwesi Kwansah Yanney on Wednesday ordered the Ghana Education Service (GES) to place Mr Lawson Yawo Dzandu, a retired Assistant Director of the Service on CAP 30 pension instead of Social Security and National Insurance Trust (SSNIT) pension.
The decision of the Court was to compel the GES to comply with a ruling by a panel of the Volta region branch of the Commission on Human Rights And Administrative Justice (CHRAJ) on November 3, 2002, which considered a petition brought before it by Mr Dzandu (Petitioner), who contended that his right was infringed by being placed on SSNIT pension by the GES.
Mr Justice Yanney said it was wrong for the GES to put the petitioner who had served for 32 years in the GES since 1965, except for a break in service between 1981-1985, on SSNIT pension because of the break in service.
He said since the petitioner, was re-instated and not re-appointed it meant that all the privileges due him had been restored even though his promotion was deferred for ten years including a reduction in salary. Mr Justice Yanney said it was therefore wrong for the GES to make Mr Dzandu to lose the 16 years service he had rendered prior to his break in service.
He said the Petitioner ought not to be punished twice for the same offence.
Mr Justice Yanney said Mr Dzandu could not be presumed to have opted for the SSNIT pension because he failed to indicate his preference for either of the two pensions as required by SMCD 8 Amendment decree of 1975 in the light of a circular CAG/ADM/3051/1 of 1997 headed "Pension and Social Security Amendment Decree 1975".
Mr Justice Yanney said the circular indicated "For purposes of pensions computation of all Public Officers working before January 1972, would be presumed to have opted for pension unless the contrary, preference is indicated by the prospective pensioner, this takes effect and remains valid until further notice."
He said that meant that, "all Public Officers before January 1, 1972 were to be on pension unless they indicated a contrary preference."