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 in the nature of Writs of Mandamus in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

1. S. D. A. U. Dasanayaka Galaudawaththa Kudagammana Divlapitiya. Petitioner CA/WRIT/176/2022 Vs.

1. Flying Officer G. P. Amarasiri Bomb Disposal Unit Sri Lanka Air Force.

2. Air Vice Marshal R. S. Biyanwala Director of Admin Air Force Head Quarters, P. O Box. 594, Colombo-02.

3. Flight Lieutenant D. H. S. Wijesinghe Assistant Staff Officer II Air Force Head Quarters, Colombo-02.

4. Group Captain N Sapugasthanna Staff Officer III Air Force Head Quarters, Colombo-02.

5. Air Mashal Sudarshana Pathirana Commander of Sri Lanka Air Force, Air Force Head Quarters, P. O Box. 594, Colombo-02.

6. General Kamal Gunaratne Secretary, Ministry of Defense, 15/5, Baladaksha Mawatha, Colombo-03.

7. Gotabaya Rajapakshe Minister of Defense, 15/5, Baladaksha Mawatha, Colombo-03.

8. Hon. Attorney General Attorney General’s Department, Colombo-12. Respondents Before : Sobhitha Rajakaruna, J.

Dhammika Ganepola, J.

Counsel : Maneesha Kumarasinghe instructed by Dayani Panditharatne appearing for the Petitioner.

S. Wimalasena, DSG for the Respondents. Argued On : 02.03.2023 Written Submission : Petitioner : 20.04.2023 tendered On Respondents : 12.05.2023 Decided On : 17.05.2023 Dhammika Ganepola, J.

The Petitioner in this application is seeking a Writ of Certiorari to quash the letter of discharge from the service under the clause ‘service no longer required’ dated 06.02.2020 marked P9 and letter dated 16.06.2020 refusing the Petitioner’s request for the pension marked P11 and a Writ of Mandamus requiring the Respondents to reinstate the Petitioner and then dismiss the Petitioner from service subject to the relevant medical pension schemes and gratuity. The factual matrix of the case is as follows.

The Petitioner joined the Sri Lanka Air Force in 2008 and was appointed to Air Force Presidential Security Unit. The Petitioner states that while he was following a Course at Palali Air Force Base on a day in February 2014, he was suddenly admitted to the Palali Base Hospital and later taken to the Katunayake Air Force Hospital on the following day. It is submitted that the reason for such admission to the aforesaid hospitals was unknown to the Petitioner. The Petitioner had been kept at the Katunayake Air Force Hospital for over one week and was referred to a psychiatrist. Since the Petitioner was not allowed to meet or contact anyone and had no way out of the said situation, Petitioner claims that he was depressed. The Petitioner further states that subsequently he has been sent back to the Palali Camp stating that he was not suffering from any ailment.

Thereafter, the Petitioner was transferred again to the Presidential Security Unit. Again, on or about 20.10.2014 the Petitioner met with an accident and had to take treatment in the Ratmalana Air Force Camp Hospital for over two months. The fact that the Petitioner was forced to stay away from work had mentally affected him and was treated for depression. The Petitioner sought permission to resign from the Sri Lanka Air Force on medical grounds on or about 19.12.2017 and the sane had been rejected by the Sri Lanka Air Force stating that the Petitioner was absent without leave. Thereafter the Petitioner had been dismissed from service under the clause ‘service no longer required’ by the letter dated 06.02.2020 marked P9. By the letter marked P11, the Petitioner has also been informed that his request for a pension cannot be accommodated in terms of the existing Air Force Law. The Petitioner submits that his dismissal from the Air Force without a pension is unfair, unreasonable, arbitrary and against the rules of natural justice.

In the Statement of Objections, the Respondents state that the Petitioner was referred to the Palali medical sect