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

Co urt of Appeal Case No.

CA/WRT/0195/23

1. Ceylon Electricity Technological Engineers Superintendents Union.

P.O. Box 2254, Colombo-02

2. A. G. U. Nishantha, The President, Ceylon Electricity Technological Engineers Superintendents Union, P.O. Box 2254, Colombo-02.

3. H. W. K. Achinda Dumindaraj, Joint Secretary, Ceylon Electricity Technological Engineers Superintendents Union, P.O. Box 2254, Colombo-02.

Petitioners Vs

1. Ceylon Electricity Board, No. 50, Sir Chittampalam A. Gardiner Mawatha, Colombo 02.

2. N. S. Ilangakoon, Chairman, Ceylon Electricity Board, No. 50, Sir Chittampalam A.

Gardiner Mawatha, Colombo 02.

3. M. R. V. R. Meepura, Member

4. B. Wijayarathne, Member

5. Mahesh Abeysekara, Member

6. Ruban Wickramarachchi, Member

7. E. S. C. Edirisinghe, Member

3rd to 7th Respondents all of:

Members of the Board Ceylon Electricity Board, No. 50, Sir Chittampalam A.

Gardiner Mawatha, Colombo 02.

8. Eng. Rohan Seneviratne, General Manager, Ceylon Electricity Board, No. 50, Sir Chittampalam A.

Gardiner Mawatha, Colombo 02.

9. Eng. P. A. J. P. K. Perera, Deputy General Manager (Personnel), Ceylon Electricity Board, No. 50, Sir Chittampalam A.

Gardiner Mawatha, Colombo 02.

Respondents Before: M. T. MOHAMMED LAFFAR, J.

S. U. B. KARALLIYADDE, J.

Counsel: Shantha Jayawardane, with Ms. Hiranya Damunupola for the Petitioner.

Ms. Yuresha Fernando, DSG., with Sehan Soysa, SC and Ms. Tashya Gajanayake for the Respondents.

Supported on: 10.07.2023 Written Submissions on: 11.08.2023 by the Petitioners Decided on: 14.09.2023 MOHAMMED LAFFAR, J.

The General Manager of the Ceylon Electricity Board (CEB), published in “Daily News” newspaper on 30-03-2023, marked as P20, calling for applications for vacancies as Electrical Engineers Class II Grade II and Mechanical Engineers Class II Grade II on a contract basis for the Lakvijaya Power Plant, Norochcholai. The contention of the learned Counsel for the Petitioners is that the eligible criteria stipulated in P20 are contrary to the eligible criteria set out in the Scheme of Recruitment and Promotion-2002 (SOR=2002), applicable for different categories of services of CEB with effect from 29-10-2002 which is marked and produced as P8.

In those circumstances, the Petitioners are seeking, inter-alia, a Writ of Certiorari quashing the said document marked as P20 and a Writ of Prohibition prohibiting the Respondents from recruiting Electrical Engineers Class II Grade II and Mechanical Engineers Class II Grade II on a contract basis for the Lakvijaya Power Plant, Norochcholai. Moreover, the Petitioners are seeking interim reliefs as follows;

(i). An Interim Order suspending the operation of the decision of the 1st to 9th Respondents calling applications for Electrical Engineer Class II Grade II and Mechanical Engineer Class II Grade II on a contract basis for the Lakvijaya Power Plant, Norochcholai, as reflected in P20 until the final determination of this Application.

(m). An Interim Order restraining the 1st to 9th Respondents from making appointments based on the advertisement marked P20 until the final determination of this Application.

(n). An Interim Order restraining the 1st to 9th Respondents from calling for interviews any potential candidates who applied for vacancies advertised in P20 until the final determination of this Application.

We heard the learned Counsel for the Petitioners in support of this Application. We heard the learned Deputy Solicitor General on behalf of the Respondents as well. Having scrutinized the Petition, affidavits, documents, limited objection of the Respondents and submissions, ex- facie, it appears to this Court that the eligible criteria stipulated in P20 are contrary to the eligible criteria set out in the Schem