Aboagye Vrs Controller and Accountants General Department and Another [2012] GHASC 15 (14 March 2012)

Aboagye Vrs Controller and Accountants General Department and Another [2012] GHASC 15 (14 March 2012)

The condonation of break in service granted to the appellant expressly covered only the period from 1966 to 1980, and there is no legal or factual basis to extend it to 2002. The appellant was not in public service after 1980, and thus cannot claim pension or end-of-service benefits for the period 1980 to 2002. Any error in the condonation letter can only be corrected by the Head of Civil Service, not by the courts.

Citation
[2012] GHASC 15
Parties
Plaintiff/appellant/appellant: Kwabena Aboagye; Defendant/respondent/respondent: The Controller & Accountant General; Defendant/respondent/respondent: The Attorney-General
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
14 March 2012
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal dismissed
Legal Topics
Condonation of Break in Service, Pension Rights, Calculation of Pensionable Service, Public Service Employment, Statutory Interpretation
Source Language
English
Labour Law Pensions Law Administrative Law Condonation of Break in Service Pension Rights Calculation of Pensionable Service Public Service Employment Statutory Interpretation

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Parties

Kwabena Aboagye

Plaintiff/appellant/appellant

The Controller & Accountant General

Defendant/respondent/respondent

The Attorney-General

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the condonation of break in service granted to the appellant extended to 2002 or only to 1980
  2. 2 Whether the appellant is entitled to pension and end-of-service benefits calculated up to 2002
  3. 3 Whether the courts can correct an alleged error in the condonation letter issued by the Head of Civil Service

Ratio Decidendi

The condonation of break in service granted to the appellant expressly covered only the period from 1966 to 1980, and there is no legal or factual basis to extend it to 2002. The appellant was not in public service after 1980, and thus cannot claim pension or end-of-service benefits for the period 1980 to 2002. Any error in the condonation letter can only be corrected by the Head of Civil Service, not by the courts.

Court Disposition

Appeal dismissed