Barbara Gayle, Staff Reporter

The Public Service Regulations do not impose a mandatory condition for a senior officer to be automatically appointed to act in a higher post, the Court of Appeal ruled on Friday, when it dismissed an appeal brought by former government lawyer Lackston Robinson.

Robinson was ordered to pay legal costs to the respondents to be agreed or taxed. The respondents were the Attorney-General and the members of the Public Service Commission.

Robinson whose substantive post was Senior Assistant Attorney- General was appointed to act as Deputy Solicitor General in November 2000.

The post became vacant in August 2001 and in October 2001 newly-appointed Solicitor General Michael Hylton, Q.C. informed Robinson that he was going to recommend other persons to act to ascertain the most suitable person to recommend for the post. Robinson was reverted to his post and another lawyer who was junior to him was appointed to act in the post.

Originating summons

Robinson took the matter to the Supreme Court in April 2002 and in the originating summons filed he asked the court to determine several questions. One of the questions was whether it was lawful for the chief personnel officer to ignore the provisions of the Constitution and the Public Service Regulations 1961 where there is a clear vacancy in a post by appointing a person junior in rank without first making a determina-tion as to whether he (Robinson) was suitable to be appointed to the post.

Mrs. Justice Hazel Harris heard the summons in the Supreme Court and dismissed it. Robinson appealed and the Court of Appeal held that Robinson could not justifiably complain that he was reverted without a reasonable ground being established and that he was not given an opportunity to challenge it.

The Court of Appeal, comprising Mr. Justice Ian Forte, (now retired) Mr. Justice Algeron Smith and Mr. Justice Karl Harrison, held that the Solicitor General acted with procedural fairness towards Robinson.