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

1. K.W.T.Priyankara No. 526/2 B, Walgama, Malwana.

PETITIONER CA No. CA/Writ/0262/2019 v.

1. Hon. Justice N. Dissanayake, Chairman, Administrative Appeals Tribunal, 35, Silva Lane, Dharmapala Place, Rajagiriya.

2. Hon. Mr. A. Gnanathasan, PC, Member, Administrative Appeals Tribunal, 35, Silva Lane, Dharmapala Place, Rajagiriya.

3. Hon. G. P. Abeykeerthi Member, Administrative Appeals Tribunal, 35, Silva Lane, Dharmapala Place, Rajagiriya.

4. K. B. D. M. P. B. Dissanayake, Secretary, Administrative Appeals Tribunal, 35, Silva Lane, Dharmapala Place, Rajagiriya.

5. Dharmasena Dissanayake Chairman.

6. (Proof) Hussain Ismail Member.

7. (Ms) D. Shirantha Wijayathilaka Member.

8. (Dr) Prathap Ramanujam Member.

9. (Mrs) V. Jegarasasigam Member.

10. Santi Nihal Seneviratne Member.

11. S. Raugge Member.

12. D. L. Mendis Member.

13. Sarath Jayathilaka Member.

14. M. A. B. Daya Senarath Secretary

6^th – 14^th Respondents, all of the public Service Commission No. 177, Nawala Road, Narahenpita, Colombo 05.

RESPONDENTS BEFORE : M. Sampath K. B. Wijeratne J. &

Wickum A. Kaluarachchi J.

COUNSEL : Lakshan Dias for the Petitioner.

S.Wimalasena, DSG for 1^st – 6^th Respondents.

ARGUED ON : 20.02.2023 DECIDED ON : 12.05.2023 M. Sampath K. B. Wijeratne J.

Introduction The Petitioner holds a Bachelor of Arts degree from the University of Kelaniya. Petitioner commenced his career in public service on 10^th March 1998 as a casual labourer in the Prisons Department, [Paragraph 6 of the Petition.]. He was subsequently appointed to the post of casual prison officer (Guard) with effect from 16^th April 1999 and was employed in Magazine Remand Prison. He was absorbed to the permanent carder of the regular service with effect from 1^st November

2000. On the 9^th of June 2005, the Ministry of Justice and Judicial Reforms called for applications from internal and external candidates for the post of Community Corrections Officer, [P 14 (a) & P 14 (b).]. The Petitioner applied for the post as an internal candidate and was called for an interview. The required qualifications for an internal candidate are as follows, [P 14 (a).]

a) ten years experience as a supervisor in the community corrections project;

or b) five years experience as a prisons officer with a degree obtained from a recognized university; or c) five years experience as a supervisor in the community corrections project with a degree obtained from a recognized university;

and should have passed the required efficiency bars in the current position and should have a satisfactory service period of the preceding five years.

Satisfactory service is defined as obtaining all salary increments and not being subject to more severe disciplinary action than a warning within the preceding five years.

Consequently, the Petitioner was appointed to the post of Community Corrections Officer with effect from 1^st January 2007, [P 20.]. The Petitioner presented to the Court the certificate of service submitted to the Ministry of Justice by the Prison Department marked ‘P17’.

Subsequently, it had been revealed that the Petitioner had not possessed the minimum required experience of five years of satisfactory service. According to the Respondent, the Petitioner does not have a satisfactory service period of five years immediately preceding the five-year period from the date of the application and the Petitioner’s appointment to the said post had been made due to an oversight. Although the Petitioner had served as a casual prison guard with effect from 16^th April 1999, he was absorbed to the permanent carder of the regular service only with effect from 1^st November 2000. Thus, as of the date of calling applications for the post of Community Corrections

Officer, the Petitioner