UKPC 24
Privy Council Appeal No 0040 of 2010
Winston Gibson (Appellant) v Public Service Commission (Respondent)
From the Court of Appeal of the Republic of Trinidad and Tobago
JUDGMENT DELIVERED BY
9 August 2011
Heard on 17-19 May 2011
Sir Fenton Ramsahoye SC
Elton Prescott SC
(Instructed by Bankside Commercial Solicitors)
Peter Knox QC
Miss Carol Hernandez
Ms Nadine Nabie
(Instructed by Charles Russell LLP)
The first judicial review application
"(1) The [appellant] is eligible to be considered by the Public Service Commission either for appointment or appointment to act in the post of Permanent Secretary in the Ministry of Agriculture in April 2005."
(2) The Public Service Commission ought to reconsider the [appellant's] claim to act as the Permanent Secretary in the Ministry of Agriculture at the end of the present period of acting.
(3) The [appellant] has been treated unfairly in that he had conceived a legitimate expectation by virtue of the undertaking by the Director of Personnel Administration in a letter dated 14th January 2005, which undertaking was never honoured."
Events following the first set of proceedings
The second set of proceedings
The duty to inform potential candidates
"The Director [of Personnel Administration] shall, from time to time by circular memorandum or by publication in the Gazette, give notice of vacancies which exist in the particular service and any officer may make application for appointment to any such vacancy. Such application shall be forwarded through the appropriate Permanent Secretary or Head of Department to the Director, but the failure to apply shall not prejudice the consideration of the claims of all eligible public officers."
The effect of Dean-Armorer J's judgment