IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for orders in the nature of Writs of Certiorari and Mandamus under Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka. Thalaththani Ralalage Maduranga Rathnasiri CA (Writ) Application No:

No. 23/4, 0033-21 Makola South, Makola.

PETITIONER Vs

1. Mr. Nishantha Ulugetenne Commander of the Navy, Sri Lanka Navy, Naval Headquarters, Colombo.

1A.Mr. Priyantha Perera Commander of the Navy, Sri Lanka Navy Naval Headquarters Colombo.

2. Mr. Piyal De Silva Former Commander of the Navy, Sri Lanka Navy, Naval Headquarters, Colombo.

3. Mr. Lakmal De Silva SC 28699 Fleet Chief, Sri Lanka Navy, Naval Headquarters, Colombo.

4. Mr. Sanath Uthpala Commandant, Volunteer Naval Force, Volunteer Naval Headquarters, Welisara.

4A.Mr. Senaka Senevirathne Commandant, Volunteer Naval Force, Volunteer Naval Headquarters, Welisara.

4B.Mr. Dammika Kumara Commandant, Volunteer Naval Force, Volunteer Naval Headquarters, Welisara.

5. Secretary to the Ministry of Defense Ministry of Defense No. 15/5, Baladaksha Mawatha, Colombo 03.

RESPONDENTS Before: M. T. Mohammed Laffar, J.

S. U. B. Karalliyadde, J.

Counsel:

Chamara Nanayakkarawasam with Geeth Karunarathna for the Petitioner.

Ms. Amsara Gajadheera, S.C. for the Respondents.

Written submissions tendered on:

18.07.2023 by the Petitioner

25.08.2023 by the Respondents Argued on: 22.05.2023 Argument concluded by way of written submissions.

Decided on: 27.03.2024. S.U.B. Karalliyadde, J.

The Petitioner is an Officer in the rank of Lieutenant in the Volunteer Naval Force in the Sri Lanka Navy and served as a hospitality manager in several naval bases which are administered by the Sri Lanka Navy. On 05.01.2019, the Petitioner by a letter marked as P-7 addressed to the Commander of the Navy, requested to be placed him on compulsory unpaid leave with effect from 26.02.2019. Nevertheless, no specific period for which he requires leave has been mentioned in P7. By the letter dated 25.03.2019 marked as P-8 issued by the Acting Commanding Officer of the Volunteer Naval Headquarters, the Petitioner was informed that his request for compulsory unpaid leave was approved by the Commander of the Navy. During his compulsory unpaid leave period, he faced the written and practical tests for his next promotion to the rank of Lieutenant Commander and also participated in the weekly camps held at the Naval Base in Welisara. On 25.12.2019 by a letter marked as P-11, the Petitioner sought permission from the Commander of the Navy to report back to the active service. However, by a letter dated 19.02.2020 marked as P-12 issued on behalf of the then Commander of the Navy (the 2^nd Respondent) the Petitioner was informed that his request to report for active service was refused by the 2^nd Respondent, nevertheless, P- 12 does not give any reason to support the 2^nd Respondent’s decision. The Petitioner again sought permission to report for work from the incumbent Commander of the Navy (the 1^st Respondent) on 05.08.2020 by a letter marked as P-13 but once again his request was rejected by a letter dated 16.09.2020 marked as P-14 by the 1^st Respondent without assigning any reasons. The Petitioner challenges in the instant Application the decisions of the 2^nd Respondent (P-12) and the 1^st Respondent (P-14) not to allow the Petitioner to report back for work on the basis that those decisions are ultra vires, illegal, contrary to the Navy Act and the Regulations, malicious, vindicative, devoid of legal reason, violative of principles of Natural Justice, frustrative of the Petitioner’s legitimate expectations, arbitrary, unreasonable, irrational, capricious and unfair.

In this Writ Application, the Petitioner is seeking the following reliefs, inter alia, a) For the grant and issuance of an order in the nature of Writ of Certiorari quashing the decision of the 1^st Respondent contained in P-14 b) For the grant and issuance of an order