In re application for Judicial Review by the Fiji Public Service Association [2011] FJHC 813; HBJ33.2008 (11 October 2011)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

JUDICIAL REVIEW NO. HBJ 33/08

IN THE MATTER of an application by the FIJI PUBLIC SERVICE ASSOCIATION for a Judicial Review under Order 53 of the High Court Rules 1988.

AND

IN THE MATTER of the decision of the PUBLIC SERVICE COMMISSION to put all new recruits in the public service on contractual appointments.

___________________________________

STATE v PUBLIC SERVICE COMMISSION of Berkely Crescent, Suva
Respondent

EX-PARTE: FIJI PUBLIC SERVICE ASSOCIATION a trade union duly registered under the provisions of the Trade Unions Act Cap. 96.
Applicant

APPEARANCES: SHERANI & CO for the Applicant
STATE SOLICITORS for the Respondent

DATE OF HEARING: 4TH OCTOBER, 2011
DATE OF RULING: 11TH OCTOBER, 2011

RULING

1. This matter was filed pursuant to Order 53, Rule 3(2) of the High Court Rules for Judicial Review seeking inter alia an order of Certiorari to remove the decision of the Public Service Commission made on 13th of June 2008.
   
2. When the case was called on 4th October, 2011 the learned state counsel Mr N Chand submitted that by letter dated 23rd February, 2010 Solicitor General informed Chief Registrar under Section 23(5) of Administration of Justice Amendment Decree 2009 (Decree No. 10) proceedings of this case should be terminated.
   
3. Copy of the letter dated 23rd February 2010 was not available in the record and State Counsel agreed to forward a copy, which is now available in the record.
   
4. Considering in Section 5(5) (6) (7) and 23(5) of the Administration of Justice (Amendment) Decree 2009, Decree 10, I order proceedings of this case is terminated forthwith. Further order the Chief Registrar to issue a certificate to this effect to all parties concerned.
   

Chandrasiri Kotigalage
Judge

11th October, 2011.