IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Writs of Certiorari and Mandamus under Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Yakupitiya Kuruppu Arachchige Rohanajith, 47/1, Palatino Hill Housing Scheme, Walpola, Mulleriyawa New Town.

PETITIONER C.A. Case No. WRT-0136/20 Vs. 1. Justice N. E. Dissanayake, Chairman, 2. A. Gnanathasan, Member, 3. G. P. Abeykeerthi, Member, 1^st to 3^rd Respondents of;

Administrative Appeals Tribunal, Silva Lane, Sri Jayawardenepura Kotte.

4. Secretary, Public Service Commission, No.1200/9, Rajamalwatta Road, Battaramulla.

5. Ravinatha Ariyasinha. Secretary, Ministry of Foreign Relations, Republic Building, Sir Baron Jayathilake Mawatha, Colombo 01.

RESPONDENTS BEFORE : M. SAMPATH K. B. WIJERATNE, J WICKUM A. KALUARACHCHI, J COUNSEL: Uditha Egalahewa, PC with Damitha Karunarathne for the Petitioner.

Sumathi Dharmawardene, ASG, PC with A. Jayakody, SC for the 4th and 5th Respondents.

ARGUED ON : 17.07.2023 WRITTEN SUBMISSIONS TENDERED ON : 01.09.2023 (On behalf of the Petitioner)

04.09.2023 (On behalf of the 4th and

5thRespondents)

DECIDED ON : 21.09.2023 WICKUM A. KALUARACHCHI, J.

The petitioner seeks the following reliefs in this writ application.

1. Grant an Order in the nature of Writ of Certiorari quashing the order of the Administrative Appeals Tribunal in AAT/101/2018(PSC) dated 10-02-2020 [marked P19].

2. Grant an Order in the nature of Writ of Certiorari quashing the decision of the Public Service Commission as reflected in P-12 dated 13-09-2018 bearing reference PSC/EST/07-05/05/2017.

3. Grant an Order in the nature of Writ of Mandamus compelling the 5th Respondent to implement the recommendation reflected in P16 dated 25-02-2019.

4. Grant an Order in the nature of Writ of Mandamus compelling the 1st to 3rd Respondents to direct 5th Respondent to backdate the granting of the diplomatic rank of Ambassador of the Petitioner from 01-03-2014 to 28-03-2012 [i.e., the date of his promotion to Grade I.

5. Grant an Order in the nature of Writ of Mandamus compelling the 1st to 3rd Respondents to direct the 5th Respondent to pay to the Petitioner, all due arrears of the Overseas Allowance and any other salaries and emoluments due to the diplomatic rank of Ambassador for the period between 28-03-2012 and 01-03-

2014.

6. Grant an Order in the nature of Writ of Mandamus compelling

5th respondent to pay to the Petitioner, all due arrears of the Overseas Allowance and any other salaries and emoluments due to the diplomatic rank of Ambassador for the period between

28-03-2012 and 01-03-2014.

After filing the petition, the 4^th respondent and the 5^th respondent filed their statement of objections, the petitioner filed his counter affidavit. At the hearing, the learned President’s Counsel for the petitioner and the learned Additional Solicitor General for the 4^th and 5^th respondents made oral submissions. After the hearing, further written submissions with relevant judicial authorities were filed on behalf of the petitioner and the 4^th and 5^th respondents.

Briefly, the facts relating to the application are as follows:

The petitioner in this application has been serving in the Sri Lanka Foreign Service at the time of retirement. He was serving in various capacities in foreign service. The petitioner was posted in Tehran, Iran as Minister, Embassy of Sri Lanka in Iran with effect from 01.12.2009. Also, he has been awarded the diplomatic rank of Minister with effect from the said date. As per the letter marked P4-e, while the petitioner was serving at the Embassy of Sri Lanka, Iran, he was promoted to Grade-I in the foreign service with effect from 17.05.2013. Subsequently, as per the letter marked P6-a, the petitioner’s promotion to Grade-I was amended and backdated to take effect from 28.03.2012. Furthermore, the petitioner stated that he was given the Head of Mission status by the letter P4-f. The petitioner has been appointed as