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

1. Chandima Sudeshika Kumari CA/WRIT/28/2021 Dissanayake No.56/1 D, Hingurugamuwa Road, Badulla.

PETITIONER Vs.

1. Uva Provincial Council King’s Street, Badulla.

2. P.B. Wijerathna The Chief Secretary King’s Street, Badulla.

3. Public Service Commission of Uva Province No.14/4, Peelipothagama Road, Pingarawa, Badulla.

4. Wijitha Mallahava, Attorney-at-Law Chairman Public Service Commission of Uva Province No.14/4, Peelipothagama Road, Pingarawa, Badulla.

5. H.M.Jeevantha Herath Secretary Public Service Commission of Uva Province No.14/4, Peelipothagama Road, Pingarawa, Badulla.

6. Hemathilaka Amarakoon Attorney-at-Law Member Public Service Commission of Uva Province No.14/4, Peelipothagama Road, Pingarawa, Badulla.

7. Dhanushka Weligama Attorney-at-Law Member Public Service Commission of Uva Province No.14/4, Peelipothagama Road, Pingarawa, Badulla.

8. Wijitha Peries Attorney-at-Law Member Public Service Commission of Uva Province No.14/4, Peelipothagama Road, Pingarawa, Badulla.

9. Padmini Mangalika Kandapperuma Attorney-at-Law Member Public Service Commission of Uva Province No.14/4, Peelipothagama Road, Pingarawa, Badulla.

10. K.M. Premasiri Dharmadasa Member Public Service Commission of Uva Province No.14/4, Peelipothagama Road, Pingarawa, Badulla.

11. Arumugam Muththulingam Member Public Service Commission of Uva Province No.14/4, Peelipothagama Road, Pingarawa, Badulla.

12. Weerakoon Banda Member Public Service Commission of Uva Province No.14/4, Peelipothagama Road, Pingarawa, Badulla.

13. R.H.C. Priyanthi Deputy Chief Secretary (Control)

Uva Provincial Council King’s Street, Badulla.

14. Hon. Attorney General The Attorney General’s Department Hulftdrop Street, Colombo 12.

RESPONDENTS Before: Sobhitha Rajakaruna J.

Dhammika Ganepola J.

Counsel: D.P.L.A. Kashyapa Perera for the Petitioner.

M. de Alwis, SSC for the Respondents.

Argued on: 19.07.2023 Written submissions: Petitioners - 21.03.2022 and 24.08.2023

1st to 13th Respondents - 26.09.2023 Decided on: 10.10.2023 Sobhitha Rajakaruna J.

Uva Provincial Council Public Service Commission (‘Uva-PSC’) has terminated the employment of the Petitioner from the post of Legal Officer of the Uva-PSC by way of a letter dated 03.11.2020 marked “P3”, on the alleged grounds that the Petitioner failed to meet the requirements set out in Clause 96 of the Procedural Rules relating to Uva-PSC (‘Rules’), marked ‘P5’. This decision had been taken by the Uva-PSC subsequent to extending the probationary period of the Petitioner in the position of Legal Officer mainly on two occasions. Firstly, for a period of one year with effect from 28.03.2019 to 27.03.2020 by way of a letter dated 2019.12.13 (“P20”). Secondly, the probationary period of the Petitioner was extended for a period of 6 months with effect from 28.03.2020 to 27.09.2020 by way of a letter dated 03.07.2020 (“P21”). The Petitioner has been informed on several occasions to improve her performance and additionally by way of a letter dated 23.07.2020 ( “P22”) along with a number of other letters, the Petitioner has been provided with an opportunity to give reasons for her alleged inefficiency.

The instant Application has been filed by the Petitioner seeking a writ of Certiorari quashing the above documents marked "P3", "P20", "P21" and "P22" as well as a writ of Mandamus directing the above named Respondents to confirm the Petitioner in her post.

Primarily, what needs resolution by this Court in the instant Application is, whether the termination of the appointment of the Petitioner relating to the post of Legal Officer of the Uva -PSC is lawful and also whether the 5^th Respondent - Secretary to the Uva-PSC or the 13^th Respondent - Deputy Chief Secretary of the Uva Provincial Council has authority to ter