IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for a mandate in the nature of Writ of Certiorari and Writ of Mandamus in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

1. Sri Lanka Thapal Sevaka Ekamuthu Sangamaya, Case No: CA (WRIT) 222/2019 Post Office, Kurunegala.

2. A.B. Wanninayaka, President, Sri Lanka Thapal Sevaka Ekamuthu Sangamaya, Post Office, Kurunegala.

3. D.D. Abeynayaka, Secretary, Sri Lanka Thapal Sevaka Ekamuthu Sangamaya, Post Office, Kurunegala.

PETITIONERS Vs.

1. Ranjith Ariyaratne, Postmaster General, Postal Headquarters, No. 310, D.R. Wijewardena Mawatha, Colombo 10.

2. S.M. Mohomad, Secretary, Ministry of Postal Services and Muslim Religious Affairs, Postal Headquarters, No.310, D.R. Wijewardena Mawatha, Colombo 10.

2a. W.A. Chulananda Perera Secretary, Ministry of Information and Mass Media, No. 437, Galle Road, Colombo 01.

3. J.J. Rathnasiri, Secretary, Ministry of Public Administration, Disaster Management and Livestock Development, Independence Square, Colombo 07.

3a. S. Hettiarachchi, Secretary, Ministry of Public Administration, Home Affairs, Provincial Councils and Local Government, Independence Square, Colombo 07.

3b. J.J. Rathnasiri, Secretary, Ministry of Public Services, Provincial Councils and Local Government, Independence Square, Colombo 07.

4. National Pay Commission, Room No 02 -116, BMICH, Colombo 07.

5. Upali Wijayaweera, Chairman, National Pay Commission, Room No. 02-116, BMICH, Colombo 07.

6. Chandrani Senaratne, 7. Gotabhaya Jayaratne, 8. Sujatha Cooray, 9. Madhura Wehalle, 10. M.S.D. Ranasiri, 11. Ananda Hapugoda, 12. Sanjeewa Somaratne, 13. Ajith Nayanakantha, 14. Ravi Liyanage, 15. Sanath Ediriweera, 16. Ranjith Senarathne, 17. Eng. R.M. Amarasekara, 18. Major Gen (Rtd) Siri Jayaweera, 19. W.H. Piyadasa All of, Members, National Pay Commission, Room No -02-116, BMICH, Colombo 07.

RESPONDENTS Before: M. T. Mohammed Laffar, J.

S. U. B. Karalliyadde, J.

Counsel:

Chanuka Ekanayake for the Petitioners. Sehan Soysa, SSC for the Respondents.

Argument concluded:

By way of Written Submissions.

Written submissions tendered on:

28.11.2022 by the Petitioners

25.11.2022 by the 1^st – 3^rd Respondents Decided on: 21.09.2023 S.U.B. Karalliyadde, J.

The 2^nd and 3^rd Respondents are respectively the President and the Secretary of the 1^st Respondent Trade Union known as Sri Lanka Thapal Sevaka Ekamuthu Sangamaya. It is a Trade Union of the Postal Department employees concerned with this Writ Application. This action has been instituted challenging Circular No. 05/2019 dated 09.05.2019 marked as P-6 issued by the Post Master General. Before P-6 was issued the Post Master General had issued Circular No. 14/2014 dated 07.08.2014 marked as P-4 in terms of Circular No. 06/2006 (X1) dated 16.07.2014 marked as P-3 of the Secretary, Ministry of Public Administration. P-3 was regarding the payment of salary increments to the State officers who have satisfied all other qualifications and were stagnating on the maximum of the salary scale due to the unavailability of new service minutes. The position of the Petitioner is that the Circular of the Post Master General marked as P-4 is in conformity with the Public Administration Ministry Circular marked as P-3 and the subsequent Circular marked as P-6 does not give the correct interpretation to P-3 and therefore P-6 is illegal, erroneous, ultra vires, unfair, arbitrary, mala fide, unreasonable, unjustifiable, against the legitimate expectation of the Petitioners, malicious and capricious. The substantial reliefs sought in the amended Petition dated 01.02.2021 are, inter alia, c) Issue a mandate in the nature of a Writ of Certiorari quashing the decision and/or actions and /or attempts of the 1^st and/or the 2^nd Respondents under the Circular marked P-6.

d) Issue a mandate in the nature of a Writ of Mandamus for the 1^st and/or 2^nd Respondents to comply with the Circulars marked as P-3 and