IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for a mandate in the nature of Writ of Certiorari, Mandamus, and Prohibition in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Ediri Munige Kumari Sudharma Senerath, No. 03A, Ananda Maithree Mawatha, Maharagama.

Petitioner CA - WRT-376/22 v.

1. National Water Supply and Drainage Board, (NWSDB) Galle Road, Ratmalana.

2. Nishantha Ranathunga Chairman.

3. Eng. T.S. Wijethunga, General manager.

4. W.P. Sandamali de Silva, Secretary.

5. R.M.A.S.Weerasena, Additional General Manager (Finance)

6. G.K. Iddamalgoda, Former Addional General manage Human Resource Management)

7. W.A.S. Sumanasooriya, Former Deputy General Manager (Human Resource Management)

8. N.Y.S. Abeygoonawardene, Additional General Manager-Acting (Human Resource Management)

9. M.A.S.S. Chandrasiri, Deputy General manager (Human Resource Management)

10. A.A.J.C. Dias Chief Internal Auditor

11. T.L.K. Vitharana, Chief Internal Auditor

12. M. Thayaparan Chief Internal Auditor

13. Kumudu Dabare Chief Internal Auditor

14. Nishanthi Katepearachci Chief Internal Auditor

15. Eng. T.M.R. P. Thennakoon Member of the Board

16. V. T.S. Siriwardena Member of the Board

17. A.RWickramasinghe Member of the Board

18. Eng. R.A.S.L. Ranasinghe Member of the Board

19. W.M.R.P.Weerasinghe Member of the Board

20. Nayana Nathavitharana Member of the Board

2nd to 20th Respondents are of the address of National Water Supply and Drainage Board, Galle Road, Ratmalana ad 15th to 20th Respondents are the Members of the Board to National Water Supply and Drainage.

21. Department of Management Services, General Treasury, Colombo 01.

22. Director General Department of Management Services, General treasury, Colombo 01.

Respondents Before : N. Bandula Karunarathna P/CA, J B. Sasi Mahendran, J Counsel: Sandamal Rajapakshe for the Petitioner.

M.Amarasinghe, SC for the Respondents.

Written Submissions : 22.02.2024 (by the Petitioner)

On:

Supported on : 24.01.2024 Order On : 05.03.2024 B. Sasi Mahendran, J This is an order pertaining to whether the notice of Certiorari and Mandamus is to be issued to the Respondents.

Petitioner filed the application on 11.09.2023 seeking inter alia, for a mandate in the nature of a;

a. Issue notices to the Respondents in the first instance, b. Grant and issue a mandate in the nature of Writ of Certiorari quashing the illegal appointment of Mr. A.A.J.C Dias, the 10^th Respondent to the post of Chief Internal Auditor made by the 1^st Respondent signed by the 6^th Respondent on 11/04/2022 marked as P24;

c. Grant and issue a mandate in the nature of Writ of Mandamus directing the 1^st to

20^th Respondents or any one of them to properly conduct interviews with a valid marking scheme fulfilling their official duties as provided in the documents marked P12 and P13;

d. Grant and issue an interim order staying and/or suspending the operation of the impugned appointment of the 1^st Respondent Board and 6^th Respondent dated

11/04/2022 marked as P24 until final determination of this application;

e. Grant costs and;

f. f Grant such other and further relief as to your Lordship’s Court shall seem fit and meet.

When the matter was supported on 24th January 2024, both parties made their respective submissions, and all were permitted to file a synopsis on or before 22.02.2024.

The facts of this case are briefly summarized as follows;

The Petitioner joined the service as an Accounts Clerk in the Project Implementation Unit, Monaragala, on 02.05.2002 and was appointed to the post of Senior Internal Auditor (Grade V) in 2013, where she currently works. The Respondent board, by a circular dated 20.02.2018, called for applications for promotion to the post of Chief Internal Auditor (Grade IV). The interview for the vacancy was held on 22.06.2018.

According to the Petitioner, the interview board did not consider the circular marked P13 for the marking scheme for promotion. Even on the previous