IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application under and in terms of Article 126 read with the Article 17 of the Constitution of Sri Lanka.

Weerasuriya Arachchige Leela Weerasuriya.

No.1/21, Kalapaluwawa, Rajagiriya. Petitioner S.C.(F.R.) Application No. 419/2015.

Vs.

1. People’s Bank, No.75, Sir Chittampalam A Gardiner Mawatha, Colombo - 02.

2. Mr. Hemasiri Fernando The Chairman, People’s Bank, No.75, Sir Chittampalam A Gardiner Mawatha, Colombo - 02.

2A. Mr. Sujeewa Rajapakse The Chairman, People’s Bank, No.75, Sir Chittampalam A Gardiner Mawatha, Colombo - 02.

3. Mr. Rohan Pathirage , Deputy General Manager/Secretary to the Board of Directors, People’s Bank, No.75, Sir Chittampalam A Gardiner Mawatha, Colombo - 02.

3A. Ms. Shyama Wijekoon, Secretary (Acting) to the Board of Directors, People’s Bank, No.75, Sir Chittampalam A Gardiner Mawatha, Colombo - 02.

4. Mr. Jehan P. Amarathunga, The Director People’s Bank, No.75, Sir Chittampalam A Gardiner Mawatha, Colombo - 02.

. 4A. Mr. Malindu Ranasinghe, The Director People’s Bank, No.75, Sir Chittampalam A Gardiner Mawatha, Colombo - 02.

5. Ms. G. D. C. Ekanayake, The Director People’s Bank, No.75, Sir Chittampalam A Gardiner Mawatha, Colombo - 02.

5A. Mr. Keerthi Goonathilake, The Director People’s Bank, No.75, Sir Chittampalam A Gardiner Mawatha, Colombo - 02.

6. Mr. Janaka Sugathadasa, The Director People’s Bank, No.75, Sir Chittampalam A Gardiner Mawatha, Colombo - 02.

6A. Mr. Isuru Balapatabendi, The Director People’s Bank, No.75, Sir Chittampalam A Gardiner Mawatha, Colombo - 02.

7. Mr. Felician Perera, The Director People’s Bank, No.75, Sir Chittampalam A Gardiner Mawatha, Colombo - 02.

7A. Mr. Manjula Wellalage, The Director People’s Bank, No.75, Sir Chittampalam A Gardiner Mawatha, Colombo - 02.

8. Mr. Sanjaya Galaboda, The Director People’s Bank, No.75, Sir Chittampalam A Gardiner Mawatha, Colombo - 02.

8A. Mr. K. A. Vimalenthirajah, The Director People’s Bank, No.75, Sir Chittampalam A Gardiner Mawatha, Colombo - 02. 9. Mr. K. Rajendran, The Director People’s Bank, No.75, Sir Chittampalam A Gardiner Mawatha, Colombo - 02.

9A. Mr. Sudarshan Ahangama, The Director People’s Bank, No.75, Sir Chittampalam A Gardiner Mawatha, Colombo - 02.

10. The General Manager, People’s Bank, No.75, Sir Chittampalam A Gardiner Mawatha, Colombo - 02.

11. The Deputy General Manager (Human Resources), People’s Bank, No.75, Sir Chittampalam A Gardiner Mawatha, Colombo - 02.

12. Ms. R. P. N. Premalal, No. 467/B2, “Lakmina Mawatha”, Eriyawetiya, Kelaniya.

13. The Hon Attorney General, Department of the Attorney General Colombo 12.

14. Mr. Kumar Gunawardana,, The Director People’s Bank, No.75, Sir Chittampalam A Gardiner Mawatha, Colombo - 02.

Respondents *********

BEFORE : JAYANTHA JAYASURIYA, PC, CJ.

JANAK DE SILVA, J.

ACHALA WENGAPPULI, J.

COUNSEL : Saliya Pieris, P.C. with Thanuka Nandasiri for the Petitioner.

Manoli Jinadasa instructed by Janath Jayawardena for the 1st to 6th ,10th to 11th and

2A, 3A, 5A, 9A, and 14th Respondents Rasika Dissanayake for the 12th Respondent.

Rajiv Goonethilake DSG for the A.G.

ARGUED ON : 14th December, 2021 DECIDED ON : 28th November, 2024 *********

ACHALA WENGAPPULI, J.

The Petitioner has invoked the jurisdiction conferred on this Court under Articles 17 and 126 of the Constitution by alleging infringement of her fundamental right to equality, guaranteed to her under Article 12(1), by the 1st to 11th Respondents in promoting the 12th Respondent to the post of Deputy Head of Finance, over her. The Petitioner repetitively asserts in her petition that she is the “only qualified officer in the bank to apply for the said post.”

After affording an opportunity for the Petitioner to support her application and to the Respondents to resist the same, this Court decided to grant leave to proceed under Article 12(1) on 15.03.2016.

The Petitioner, having joined the 1st Respondent Bank as an Accounts Assistant in June 1989, was promoted to the post of