SAMUEL OSEI YAW AND UNIVERSITY OF GHANA [1997]DLCHRAJ5723

Date	1997-01-31
Suit No.	Our Ref: CHRAJ 159/94/271
Citation No.	[1997]DLCHRAJ5723

EMILE FRANCIS

[1997]DLCHRAJ5723
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B050">SAMUEL OSEI YAW <o:p></o:p>(PETITIONER)<o:p></o:p>AND<o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B050">UNIVERSITY OF GHANA <o:p></o:p>(RESPONDENTS)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">(CHRAJ)<o:p></o:p>

Our Ref: CHRAJ
159/94/271&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 31/01/1997<o:p></o:p>

</div>commissioner:<o:p></o:p>EMILE FRANCIS SHORT THE
COMMISSIONER<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DECISION<o:p></o:p>

</div><a name="_gjdgxs"></a>Mr. Samuel Osei Yaw, the
petitioner herein was employed by the University of Ghana as a Soil Research
Assistant Grade II in 1968. He worked with the University Volta Basin Research
Project until he retired in 1987 as a Principal Research Assistant.<o:p></o:p>The facts of petitioner's case are very simple. By letter dated 30th
December, 1970 petitioner was informed that to qualify for promotion, he was
required to sit promotion examinations which were normally held during the
Easter vacation. He was informed by the letter that arrangements would be made
for him to sit for the examinations and that should he satisfy the<o:p></o:p>examinations, his promotion
would "take effect from next October".<o:p></o:p>According to petitioner he could not sit for the examination in
1971 because he was sent "to the field with the students to complete soil mapping".
He said he was promised by the Chairman of the VBRP that because the delay in
writing his examinations was the result of "pressure of official<o:p></o:p>duties," his promotion would
be back-dated. Petitioner contended that the said promise was contained in the
above mentioned letter. His petition in that regard reads as follows:<o:p></o:p>"The said letter, signed
by the (sic) Professor D.W. Ewer, the Chairman of Volta Basin Research Project
aforesaid, stated categorically that your petitioner's promotion would take effect
from next October to wit October, 1971." (emphasis original).<o:p></o:p>Petitioner said he relied on the promise and wrote and passed the examination
in 1973, but his promotion was made to take effect from March, 1973 instead of
October, 1971. Petitioner stated that as a result of respondents failure to
keep to the promise, he could not become a member of the Ghana Universities
Superannuation Scheme (GUSS) and consequently, he was not eligible after
retirement to benefit under the Scheme. He claimed to have been
"arbitrarily" made to be a member of the Social Security Scheme (SSS)
instead of the GUSS. His prayer was for his Social Security to be converted to
Superannuation to enable him benefit from the latter Scheme. Respondents'
comments on the petition were that when petitioner was first appointed as a
Temporary Research Assistant in July, 1968 he was required to join the Social
Security<o:p></o:p>Scheme. They said he accepted the appointment at that time. Respondents
indicated also that when after passing the examination in 1973, he was promoted
to Research Assistant Grade I, he wrote to accept the promotion with gratitude.
They furnished the Commission with a copy of the letter and it reads in part as
follows:<o:p></o:p>"With reference to your
letter No. P5003/34 dated 5th July, 1973 I wish to inform you with thanks that
I have accepted the appointment on promotion as a Research Assistant Grade One in
the Volta Basin Research Project as from 1st March, 1973."<o:p></o:p>According to respondents in 1976 petitioner was p</main>