THURAIRAJA, PC, ACTING CJ.

1. The Applicant-Respondent-Respondent, M.D.K. Padmasena (hereinafter the “Respondent”), was employed by the Respondent-Appellant-Appellant, Sri Lanka Transport Board, (hereinafter the “Appellant” or “SLTB”) from 14th March 1981 and was set to retire on the 23rd of October 2011, upon the completion of 55 years of age, which was the compulsory age of retirement at the time.

2. Subsequently, as per SLTB–HR Circular No. 15/2011, Marked “R1” issued by the Appellant Board, the age of retirement was extended up to the age of 57 years.

3. Thereafter, the Appellant issued SLTB–HR Circular No. 03/2013, Marked “A6” which further extended the age of retirement to 60 years. However, such extension was subject to the condition that it would be granted yearly upon requests/applications made 3 months prior to the date of retirement and upon such request/application being approved by the Board of the Appellant.

4. The Respondent, as he approached the age of 57, requested such an extension, duly complying with the above conditions. He was accordingly granted an extension for another year of service from 24^th October 2013 to 23^rd October 2014 until he turned 58.

5. Finding tha