C. P. Kirtisinghe – J.

The Petitioner is seeking for a mandate in the nature of a Writ of Certiorari to quash the determination made by the 2^nd Respondent to reduce her monthly Widows and Orphans Pension by 50%, and to stop totally her monthly dependents’ allowance and to recover a sum of Rupees 1,702,842.81 as a purported over payment to the Petitioner, for a mandate in the nature of a Writ of Mandamus directing the 1^st – 5^th Respondents to restore and pay in full, with back arrears, of her W and OP and dependents’ allowance in accordance with the opinion expressed by the Hon. Attorney General and for a mandate in the nature of a Writ of Prohibition prohibiting the 1^st – 5^th Respondents from recovering a sum of Rupees 1,702,842.81 as purported over payment to the Petitioner.

The facts of the case can be briefly summarized as follows;

The Petitioner was married to one Lt. Colonel Kirimatiyawa of the SL Army who was killed in action on 22.04.2000 at Elephant Pass. After the death of her husband the Petitioner was recognized by the Respondent as his Lawful war widow and she had been receiving her monthly Widows’ and Orphans’ Pension and the dependents’ allowance payable by the 3^rd Respondent the Director General of Pensions. Thereafter, her W and OP was reduced by 50% and her dependents’ allowance was totally stopped on a determination made by the 2^nd Respondent, the Secretary to the Ministry of Public Administration and Home Affairs on the ground that she had given birth to a child consequent to an unlawful marriage. By the letter marked 2R3 the 4^th Respondent the Director of Widows’ and Orphans’ Pension had informed the 2^nd Respondent, the Secretary to the Ministry of Public Administration that she could recommend the payment of 50% of the Widows’ and Orphans’ pension to the Petitioner on the basis that her illegitimate child was born out of a customary marriage. She had asked for the consent of the 2^nd Respondent to act accordingly. She had drawn the attention of the 2^nd Respondent to the fact that there is a discrepancy in paying 50% of the pension to a widow who had entered into a lawful marriage subsequently and paying the full pension to a widow who has illegitimate children. By the letter marked 2R4 the 3^rd Respondent, the Director General of Pensions had made the same request to the 2^nd Respondent. By the letter marked 2R5 the 2^nd Respondent, the secretary to the Ministry of Public Administration had given his consent to pay 50% of the W and OP to the Petitioner under section 37 of the Widows’ and Orphans’ Pension Scheme (Armed Forces) Act No. 18 of 1970. By the letter marked P4 the Director General of Pensions had conveyed the aforesaid decision of the 2^nd Respondent to the Petitioner. It is apparent from the letter dated 30^th August 2018 marked P6 that the commander of the Sri Lanka Army had referred this matter to the Hon. Attorney General for advise and the Hon. Attorney General had expressed the opinion that the Petitioner is entitled to the full pension.

By the letter marked P7 the Commander of the Army had informed the opinion expressed by the Hon. Attorney General to the Director of Pensions. By the letter marked P22 the Petitioner had made an appeal to the 2^nd Respondent, the Secretary to the ministry of Public Administration to reconsider his decision and grant her the full pension and on behalf of the Petitioner her attorney-at-law had made the same request to the 2^nd Respondent by the letter marked P26C. By the letter marked P28 the 2^nd Respondent had conveyed his decision to the Petitioner and informed that there is no change in his earlier decision. From the letter dated 28.09.2020 marked 2R5A it is apparent that the Hon. Attorney General had conveyed his decision to the 2^nd Respondent, the Secretary to Ministry of Public Administration and the 2^nd Respondent by that letter had informed the Hon. Attorney General that for the reasons stated there in that letter and in that background he had taken the decision t