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 Writs of Certiorari, Mandamus and Prohibition under and in terms of article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka Case No. Writ Application No: 639/2023 A.H.S.D. De Silva, 46/5A, Colonel Avenue, Nikape, Dehiwala.

PETITIONER Vs.

1. B.G.I. Kalani Hemali, Former Director (Education), National School Teacher Transfer, Ministry of Education, Isurupaya, Battaramulla.

2. M.N. Ranasinghe, Secretary, Ministry of Education, Isurupaya, 1 | C . A. Wri t 63 9 20 2 3 - Or de r o n in t erv en ti on – J us ti ce Battaramulla.

3. J.H. Weeraratna, Director (Education), National School Teacher Transfer, Ministry of Education, Isurupaya, Battaramulla.

4. S. N. Malawiarachchi, Former Additional Secretary, Ministry of Education, Isurupaya, Battaramulla.

RESPONDENTS AND NOW BETWEEN

1. Ceylon Teachers’ Union and 2 others Intervenient Petitioners vs.

A.H.S.D. De Silva, 46/5A, Colonel Avenue, Nikape, Dehiwala.

PETITIONER

2 | C . A. Wri t 63 9 20 2 3 - Or de r o n in t erv en ti on – J us ti ce Vs.

1. B.G.I. Kalani Hemali, Former Director (Education), National School Teacher Transfer, Ministry of Education, Isurupaya, Battaramulla.

2. M.N. Ranasinghe, Secretary, Ministry of Education, Isurupaya, Battaramulla.

3. J.H. Weeraratna, Director (Education), National School Teacher Transfer, Ministry of Education, Isurupaya, Battaramulla.

4. S. N. Malawiarachchi, Former Additional Secretary, Ministry of Education, Isurupaya, Battaramulla.

RESPONDENTS

3 | C . A. Wri t 63 9 20 2 3 - Or de r o n in t erv en ti on – J us ti ce Before: Hon. D.N. Samarakoon, J.

Counsel: Manohara De Silva, P.C., with Hirosha Munasinghe and Sasiri Chandrasiri for the Petitioner.

Chandana Boteju for the intervenient petitioner Ms. Yuresha Fernando, D.S.G., for Respondent.

Supported on : 05.04.2024 (All learned counsel agreed to dispose the question in issue by written submissions).

Written Submissions filed on: 29.04.2024 by intervenient petitioners

29.04.2024 by the petitioner Decided on: 03.05.2024 D.N. Samarakoon, J The following was observed by this Court at its order in this case dated 15.12.2023, in issuing formal notice and interim orders as per paragraphs (b)(i) and (b)(ii) of the prayer to the petition. That is staying her transfer and the operation of certain decisions.

“The petitioner is a teacher at Royal College, Colombo. She has been transferred to Kotahena Madya Maha Vidyalaya.

Among other things, she says, that according to the “National Teachers Transfer Policy” embodied in Circular bearing No. 2007/20 dated 13th December 2007, teachers who have completed the age of 55 should not be transferred, except on their own request.

4 | C . A. Wri t 63 9 20 2 3 - Or de r o n in t erv en ti on – J us ti ce The position of the State taken in submissions as well as in the Limited Objections, among other things, is that the said Circular was amended in 2017 stipulating the age as “58 years and above”. Hence it is submitted, that, the petitioner who was as at 31^st December 2021 at the age of 55 years and 04 months was transferable.

In the Limited Counter Objections, the petitioner says, that, even if the Public Service Commission has authorized the Ministry of Education to amend the Circular No. 2007/20 dated 13th December 2007 to increase the stipulated age to 58 years and above, the Ministry of Education or the respondents have not amended the Circular with the approval of the Cabinet of Ministers.

The petitioner has also alleged about her heath condition, in that, she is suffering from a Thyroid disease. She said in the petition dated 24^th October 2023, that, she is waiting for a thyroidectomy by Consultant Surgical Oncologist, Dr. Ranga Perera….”

The (i) Ceylon Teachers Union (ii) Sellapperuma Priyantha Fernando and (iii)

Benedict Joseph Stalin Fernando seek to intervene.

The petitioner objects. The state representing other respondents do