WEERASEKARA

Vs.

DIRECTOR GENERAL OF PENSIONS AND OTHERS

COURT OF APPEAL
RAJAKARUNA, J.
GANEPOLA, J.
CA/WRIT/351/2019

Writ of mandamus-Minutes of Pensions-Pension entitlement-Failure to perform statutory duty-Applicability of Establishment Code and Public Administration Circular No. 07/2018

The pension entitlement of the petitioner was approved by the 7th respondent, the Secretary to the Ministry of Public Administration, in terms of section 48C(1) of the Minutes on Pensions. However, the 1st respondent, the Director General of Pensions, and other respondents attached to the health services, repeatedly postponed giving effect to this decision on the basis that the petitioner's personal file could not be traced.

Held:

It is the statutory duty of the said respondents to ensure that the petitioner is granted his pension without delay. A writ of mandamus lies against the respondents compelling them to perform their statutory duty forthwith.

Cases referred to:

1. Jayarathne v. Wickremaratne and others [2003] 2 Sri LR 276
2. Pathirana v. Victor Perera (DIG Personal Training Police) [2006] 2 Sri LR 281
3. Karavita and Welikanna v. Inspector General o