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 Certiorari, Prohibition and Mandamus under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

1. Kariyawasam Haputhanthige Upeka Nadeeshani, Addaragoda Watta, Narawala, Poddala, Galle.

PETITIONER CA No. CA/Writ/64/2019 v.

1. Padmasiri jayamanna, Secretary, Ministry of Education, Isurupaya, Baththaramulla.

1a.) M. Nihal Ranasinghe, Secretary, Ministry of Education, Isurupaya, Baththaramulla.

2. A. L. A. Ashoka Siriwardena, Additional Secretary, Isurupaya, Baththaramulla.

2a.) P. L. Padmakumara, Additional Secretary, (Control)

Isurupaya, Baththramulla.

3. P. N. Illapperuma, Education Director, (National School Transfer)

Isurupaya, Baththaramulla.

3a. Kalani Weerasinghe, Educational Director, (National School Transfer)

Isurupaya, Baththaramulla.

4. Nimal Dissanayaka, Provincial Education Director, Southern educational Department, Galle.

5. Sapuarachchi Pathirana Chandrawathi, Zonal Education Director, Zonal Education Officer, Galle.

5a.) Chichra Bamunusinghe, Zonal Education Director, Zonal Education Office, Galle.

6. Sandya Irani Pathiranawasam, Principal, Southlands College, Galle.

6a.) Sumedha Kariyawasam Principal, Southlands College, Galle.

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

Wickum A. Kaluarachchi J.

COUNSEL : Chanaka Kulatunga for the Petitioner.

Navodhi de Zoysa, SC for 1^st – 5^th Respondents.

ARGUED ON : 02.03.2023 DECIDED ON : 22.06.2023 M. Sampath K. B. Wijeratne J.

Introduction The Petitioner in her amended Petition inter-alia sought, a writ of certiorari quashing the decision of the 3^rd Respondent dated 11^th December 2018 (‘P22’); a writ of certiorari quashing the decision made in the letter No.ED/05/72/02/04/537 dated 19^th November 2018 (‘R 5’); a writ of prohibition prohibiting the Petitioner from being transferred to any school based on the above letter.

The 1^st to 5^th Respondents filed their objections seeking dismissal of the Petition.

Factual background The Petitioner is a government teacher attached to Southland Girls School, Galle. The petitioner followed a three-year course, the National Diploma in Teaching, Information and Communication Technology at the National Institute of Education, Sri Lanka (‘P 1’). In addition, the Petitioner has

undergone the Desktop Publishing Course conducted by a Computer Training Institute (‘P 2’). Petitioner has also obtained a Bachelor of Science in Business Administration (General Degree) from the University of Sri Jayawardhanapura (‘P3’).

The Petitioner was recruited to the Ministry of Education as a teacher of Information Technology (English Medium) and was posted to Hungama Vijayaba Central College by letter dated 25^th June 2008 (‘P 4’).

Thereafter, the Petitioner was temporarily transferred to Meepawala Amarasuriya Central College, Galle, by letter dated 10^th October 2008, at the request of the Petitioner (‘P 5’). According to the Petitioner, the duty assigned to her at Meepawala Amarasuriya Central College was also teaching Information Technology, [At paragraph 14 of the amended Petition.]. Thereafter, the Petitioner was again transferred to Southland Girls School, Galle, by letter dated 12^th October 2009 (‘P 6’).

According to the Petitioner, her letter of appointment was subsequently amended by the letter dated 9^th February 2018 (‘P 7’), based on the new Service Minutes of the Sri Lanka Teaching Service. Thereafter, she was assigned additional duties by letter dated 23^rd April 2018 (‘P 8’). The Petitioner submitted documents ‘P 9’ to ‘P 13’, ‘P 30’, and ‘P 31’ in proof of her dedication towards her Information Technology students; training, and the appreciation she received. Her service evaluation sheets were also marked ‘P19(a)’ and ‘P 19(b)’.

Subsequently, the Petitioner was transferred to Wanduramba National School, Galle, by the 3^rd Respondent’s letter dated 11^th December 2018 (‘P 22’), to