IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for mandates in the nature of Writs of Mandamus and Prohibition under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka. Case No: CA/WRIT/207/2020

1. Shanthi Aluthge In front of Pushparama Temple, Polommaruwa, Tangalle.

And 90 Others. PETITIONERS Vs.

1. Hon. Janaka Bandara Tennakoon Minister of Public Administration, Home Affairs, Provincial Councils and Local Governments, Ministry of Public Administration, Home Affairs, Provincial Councils and Local Governments, Independence Square, Colombo 07.

And 255 Others RESPONDENTS Before: Hon. D.N. Samarakoon, J.

Counsel: Mr. Sanjeewa Jayawardena, P.C., with Ms. Ranmalee Meepagala, for the Petitioners.

Mr. Manohara De Silva P.C., with Ms. Sasini Chandrasiri for the 13th to 223rd Respondents.

Ms. Yuresha Fernando D.S.G., for the 1st to 12th Respondents.

Argued on: 14.02.2023, 25.09.2023, 07.11.2023 (on the last day agreed to conclude the rest of the hearing by written submissions)

Written Submissions: 17.01 .2024 by the Petitioners.

Decided on: 21.03.2024 D.N. Samarakoon1, J

J U D G E M E N T

The question, in its most basic form is whether, the date of the letter of appointment of the petitioners should be

22.06.2009, (which is the date as of now) or whether it must be

22.12.2008?

The 91 petitioners say that the former date which now commences their appointments as Class II Grade II Officers of Sri Lanka Planning Service is there due to the negligence and or blatant error and or omission and or inaction of 01st to 12th respondents.

1 On 12.01.2024 and 30.01.2024 all counsel consented to judgment being given by Justice D. N. Samarakoon as

Single judge.

Hence the petitioners ask for a writ of mandamus to direct 03rd to 10th respondents (constituting the Public Service Commission) to ante date it to

22.12.2008.

They say that this error seriously affected and affecting their career prospects and seniority.

They seek the following reliefs, b) Grant a mandate in the nature of a Writ of Mandamus, directing the

3^rd to 10th Respondents above named, to duly ante-date the date of appointment/ Letters of Appointment of the Petitioners, to Class Il-Grade II (presently Grade II) of the Sri Lanka Planning Service, to 22.12.2008, without back wages;

c) Grant and issue a mandate in the nature of a Writ of Mandamus, directing the 3rd to 10th Respondents above named, to duly and forthwith, place the Petitioners, who were recruited to Class l-Grade Il (presently Grade Ill) of the Sri Lanka Planning Service under the Limited category, on top of the seniority list, as opposed to the candidates who were recruited with effect from 22.12.2008 to Class l1-Grade Il (presently Grade lll) of the Sri Lanka Planning Service under the Open category;

d Grant a mandate in the nature of a Writ of Mandamus, directing the 3^rd to 10^th Respondents above named, to grant the Petitioners their consequential promotions and other benefits, except back wages, which the Petitioners are rightfully entitled to, in view of and/or consequent to the aforesaid amended date of their appointment to Class Il-Grade ll (presently Grade Ill) of the Sri Lanka Planning Service;

e) Issue a Writ of Prohibition, restraining the 3^rd to 10^th Respondents, from effecting any promotions to Grade I of the Executive posts of the Sri Lanka Planning Service, to the candidates who were recruited with effect from 22.12.2008 to Class I|-Grade ll (presently Grade Ill) of the Sri Lanka Planning Service under the Open category, without first, duly amending or causing to be amended and/or antedating or causing to be ante-dated, the Petitioners' Letters of appointments/dates of appointment and amending the seniority list, as prayed for in prayers (b) and (c) to this Petition;

f) lssue an Interim Order, restraining any promotions to Grade I of the Executive posts of the Sri Lanka Planning Service, to the candidates who were recruited with e