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2024 Supreme(SRI)(CA) 144

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
R. Gurusinghe, M.C.B.S. Morais, JJ
Dhanapala Mudiyanselage Sarath Dhanapala – Appellant
Versus
Justice N.E. Dissanayake – Respondent


Advocates:
Saliya Pieris, P.C., with Mark Fernando For the Petitioner M. Amarasinghe, S.S.C. For the Respondents

R. Gurusinghe J.

The petitioner filed this application seeking the following reliefs.

1. Issue a mandate in the nature of Writ of Certiorari quashing the purported order of the first respondent marked B10.

2. Issue a mandate in the nature of Writ of Mandamus directing 7-15 respondents to reinstate the petitioner with back wages, grant due promotions with associated perks to which, if not for the Vacation of Post, he would have been entitled up to the retirement age of 55 years and then up to 60 years with extensions and all retirement benefits thereafter.

3. Issue a mandate in the nature of Writ of Mandamus directing the Administrative Appeal Tribunal, including 1st and 2nd respondents, to rehear the matter de-novo.

Facts of the case are briefly as follows:

The petitioner was an Assistant Superintendent of Police attached to the Trincomalee Division in March 1995. On 30th April 1995, the DIG Police in Trincomalee issued a “vacation of post” (VOP) notice on the petitioner, with effect from 15th March 1995. According to the respondents, the petitioner had not reported for work after the 14th of March 1995. Thereafter, the abovementioned VOP notice was served on the petitioner on 30th April

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