Korugyendo v Rubanda District Local Government (Civil Suit 44 of 2022) [2024] UGHC 830 (12 July 2024)

5 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KABALE

CIVIL SUIT NO.0044 OF 2022

KORUGYENDO WILBERFORCE:::::::::::::::::::::::::::::::::::::::::::PLAINTIFF VERSUS

10 RUBANDA DISTRICT LOCAL GOVERNMENT:::::::::::::::DEFENDANT BEFORE: HON. JUSTICE SAMUEL EMOKOR

JUDGMENT

The Plaintiff brings this Suit against the Defendant seeking a declaration that the Defendant is a District Planner of the Defendant with a salary scale U1Esc as per 15 his appointment letter and he is entitled to his full salary under the same scale as per the new salary structure, a declaration that the Defendant's decision to deduct the Plaintiff's salary without the Plaintiff's notice and without approval of the appointing authority is illegal and a nullity, a declaration that the Defendant's decision to alter/change the Plaintiff's salary scale from U1Esc to U1E-Upper 20 without the approval/permission of the appointing authority is not only illegal but also null and void, an order directing the Defendant to reinstate the Plaintiff to his lawful salary scale of U1Esc in the payment system which is in line with his appointment letter, an order directing the Defendant to pay to the Plaintiff all the total salary which the Defendant has deducted from his salary since July 2022 till 25 Judgment, an order prohibiting or stopping the Defendant from any other such illegal actions against the Plaintiff, general damages, punitive damages, exemplary damages and costs of the Suit.

- 5 The facts of the Plaintiffs case as per his plaint is that on the 29/08/2019 the Plaintiff was appointed on his current position on accelerated promotion by the Defendant as a District Planner with a salary scale of U1Esc (UgX 32,400,000/=) Per annum translating into UgX 2,700.000/= per month and that the Plaintiff earned this salary for 2 years and 10 months until July 2022 when the government 10 of Uganda enhanced the salaries of Scientists and the Plaintiff being a Scientist had his salary equally enhanced. That the Scientists in U1Esc where the Plaintiff - belongs had their salaries increased from 2,700,000/= (Gross pay) to UgX 6, 500,000/= as per the new structure.

That in the month of July 2022 the Defendant instead of increasing the Plaintiff's 15 salary to UgX 6,500,000/= gross pay unlawfully without prior notice deducted the Plaintiff's salary from UgX 2,700,000/= gross pay to UgX 1,700,000/= without the approval of the Plaintiff's appointing authority which is the District service commission hence the instant Suit.

The Defendant in its written statement of defence denied the claims of the 20 Plaintiff averring that the Plaintiff was erroneously classified on the science scale by the Rubanda District service commission and was not classified as a scientist to be paid a salary according to the science salary scale and he was only appointed as a professional cadre under U1E Upper salary scale. That the Minister of Public Service clarified on the applicable salary structure for the Plaintiff's position of 25 District Planner and that the defendant is not indebted to the Plaintiff for the alleged salary arrears.

The Defendant therefore prays that the Plaintiff's Suit is dismissed with costs.

- 5 The parties agreed on the following issues. - 1. Whether the Defendant legally deducted the Plaintiff's salary. - 2. Whether the Defendant is indebted to the Plaintiff. - 3. What remedies are available to the parties?

The parties at the close of their respective cases were availed with a schedule for 10 filing written submissions to which they duly complied. The Defendant's Chief Administrative Officer however on the 22/05/2024 by letter notified this Court under the heading "(*Update on new policy guidance in respect to the case of Korugyendo Wilberforce versus Rubanda District Local Government Civil Suit No. 0044 of 2022)"* and I will reproduce parts of the same verbatim as follows:

15 *"The Chief Administrative Officer wrote to the Permanent Secretary, Ministry of Public Service requesting for guidance on the implementation of the Attorney General Legal opinion Ref: DCL-2022100120 dated 3rd August, 2023 and in response the Chief Administrative Officer was guided to submit Korugyendo Wilberforce (the Plaintiff) to the District Service Commission with a* 20 *recommendation to allow him earn a salary indicated in his appointment letter on person to holder basis. In this regard I am addressing Court to put into consideration this new policy guidance when making a ruling for the case…"*

This Court upon receipt of the order fixed the matter for mention and upon hearing from the parties in regard to the correspondence dated 22/05/2024 25 issued orders that the Plaintiff be submitted to the Defendants District Service Commission and that the Defendant communicates its response on a date not later than 19/06/2024. The Defendant's Chief Administrative Officer by letter

5 dated 19/06/2024 notified this Court that the District Service Commission had sat and made a decision a copy of the minute extract of which was attached to his letter and I will reproduce the same verbatim below;

"*Minute No. RDSC113/6/2024. In reference to the letter dated 15th April 2024 we believe, we lawfully appointed the named person and since he accepted the* 10 *appointment letter it acted as a binding contract between the District and him hence the status quo remains"*

Also attached was a response from the chairperson of the District Service Commission that gave the chronology of the Plaintiff's service with the Defendant commencing with his first appointment on 31/12/2008 under salary scale U4 on

- 15 probation as a statisician at Kabale Municipal Council, his promotion as Senior Planner on 10/02/2018 by Kabale District Service Commission to his transfer of service to the Defendant as a senior Planner under salary scale U3sc minute No. DSC/02/2018(a) and later accelerated promotion under minute No. DSC/31/(ix)2019 as District Planner salary scale U1Esc as requested by the then 20 Chief Administrative Officer and that the Plaintiff was lawfully appointed and - accepted the appointment letter which is a binding contract between the District and the Plaintiff hence the status quo should remain.

In view of the foregoing it is quite clear that the decision taken to deduct the Plaintiff's salary by the Defendant was illegal.

25 Issue 1 is therefore answered in the negative.

It goes without saying that since the deductions were being done illegally the Defendant is indebted to the Plaintiff for the deductions.

5 Issue No. 2 is therefore answered in the affirmative.

Remedies.

The General damages.

The Plaintiff has prayed for an award of general damages. General damages are those that the law presumes to arise from direct natural or probable consequences 10 of the act complained of by the victim.

See: Uganda Commercial Bank versus Deo Kigozi (2002) EA 293.

The Defendant unlawfully deducted the Plaintiff's salary from the month of July 2022 until reinstatement of his full pay as per the correspondences on record dating 14th June 2024. The Plaintiff has detailed the anguish and hardships that

15 he faced as a result of these deductions. I would consider the sum of UgX 10,000,000/= sufficient to cover the inconveniences caused to the Plaintiff. It is awarded to him.

Punitive and exemplary damages.

The Plaintiff has also prayed for punitive and exemplary damages. I do not find it 20 necessary to condemn the Defendant to these costs since the actions of the Defendant will be remedied with orders that the defendant pays to the Plaintiff the sums unlawfully deducted from his salary over the period in issue coupled with the general damages already awarded. These prayers shall therefore be denied.

25 In the result Judgment is entered in favour of the Plaintiff in the following terms;

- 5 i) A declaration that the Plaintiff a District Planner with the Defendant under salary scale U1Esc as per his appointment letter is entitled to full pay under the same scale as per the new salary structure. - ii) A declaration that the Defendant's decision to reduce the Plaintiff's salary without the Plaintiff's notice and without the approval of the 10 appointing authority (District Service Commission) is illegal and a nullity). - iii) An order directing the Defendant to pay the Plaintiff the sums illegally deducted from his salary since July 2022. - iv) General damages of UgX 10,000,000/= are awarded to the Plaintiff. - 15 v) The costs of this Suit are awarded to the Plaintiff. - vi) It is so ordered.

Before me,

………………………………. 20 Samuel Emokor Judge 12/07/2024.

5 12/07/2024

Mr. Ruteremberwa Smith holding brief for Mr. Masereka Godwin for Plaintiff.

Plantiff present.

Mr. Mucunguzi Principal Assistant Secretary of the Defendant present.

Clerk: Vianney.

10 Court: Judgment delivered in open Court.

Before me,

………………………………. Samuel Emokor 15 Judge 12/07/2024.