EBENEZER A. KWAPONG AND GHANA POLICE SERVICE [2001]DLCHRAJ6040

Date	2001-05-30
Suit No.	Our Ref: CHRAJ/719/97/1966
Citation No.	[2001]DLCHRAJ6040

BENJAMIN K. OPPONG

[2001]DLCHRAJ6040
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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">EBENEZER A. KWAPONG<o:p></o:p>(COMPLAINANT)<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">GHANA POLICE SERVICE<o:p></o:p>(RESPONDENT)<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/719/97/1966&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:
30/05/2001<o:p></o:p>

</div>commissioner:<o:p></o:p>BENJAMIN
K. OPPONG DEPUTY COMMISSIONER LEGAL/OPERATIONS FOR COMMISSIONER<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

<p class="MsoNormal" align="center" style="text-align:center;mso-pagination:none;
border:none;mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;
mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">DECISION<o:p></o:p>

</div>The
Complainant in a petition dated 23rd July, 1997 prayed this Commission to
investigate the circumstances under which upon his retirement from the Police
Service, the computations done for his entitlements only credited him with 3
years award, in spite of the fact that he had worked for 18 years.<o:p></o:p>The
Complainant alleged that he dutifully served with the Ghana Police Service and
retired after 18 years in 1980 at the age of 55 years. He said the realized
with shock that, he was paid a meagre sum of ¢54.00 as exVgratia award and ¢1.1
million being his Social Security contributions. The Complainant therefore
sought the Commission's assistance for the review of the computation award and
that his 15 years loss be rectified and restored and also the total 18 years he
served be paid to him.<o:p></o:p>Investigations
carried out by the Commission revealed that the Complainant was indeed enlisted
into the Ghana Police Service on 1st GTA U Une, 1962 as a recruit, which was a
Non-Pensionable Post at that time.<o:p></o:p>Since the Petitioner's position was a
Non-Pensionable one, he was only entitled to ex-gratia award and his social
Security contributions.<o:p></o:p>The
Respondent in its comments stated that because and amount paid to BH
Non-Pensionable Officers as ex-gratia was inadequate, the Government<o:p></o:p>EAM
at that time introduced the Social Security Scheme for Non-Pensionable HUN
Officers. The Respondent explained further that a Non-Pensionable Officer upon
retirement became entitled to benefit from both ex-gratia award and the Social
Security Scheme and such an Officer's entitlement was thus calculated from the
day of enlistment up to the 30th of June 1965, when the Social Security Pension
Scheme was introduced. This explains why the Complainant's e' gratia award was
calculated from 1st July 1962 - 30th June, 1965.<o:p></o:p>Again,
according to the Respondent, the Government introduced a new law (SMCD 8) on
the 1st of January, 1972 making it compulsory for Pensionable Officers to
benefit from the Security Scheme as well as L e all Non-Pensionable Officers.
To enable a Non-Pensionable Officer benefit WE Under the new law introduced by
the Government, he ought to have been promoted on or before 31st December, 1971
or 1st January, 1972 to HEM a Pensionable rank.<o:p></o:p>The
Complainant was promoted on 1st October, 1972 to a Pensionable rank, but the
date of promotion is beyond 1st January, 1972. With this in view, even when the
Complainant retired from the service in 1980 as a Pensionable Officer he could
not benefit from the provisions of SMCD 8, the law making it compulsory for
Pensionable Officers to benefit from the Social Security Scheme.<o:p></o:p>The.
Respondent admitted that even though the amount of ¢54.00 awarded to the
Petitioner as gratuity was woefully inadequate, the calculations or
computations were done under SMCD 8 which was in the existe</main>