BUDDHIKA KARUNADASA

Vs.

D.K.M.K. DASANAYAKE AND OTHERS

SUPREME COURT
PRIYASATH DEP, PC, C.J.
PRIYANTHA JAYAWARDENA PC J.
UPALY ABEYRATHNE J.
S.C.F.R. APPLICATION NO. 337/2012
01.06.2017.

Constitution, Article 12 (1) - Temporary appointment - Public Service Commission - Librarian class III - Library attendant.

Petitioner was appointed a library attendant with effect from 15th July 2000. Appointment was on a temporary basis, and the Provincial Council could cancel the appointment if necessary. He was on a 3 year probationary period. Petitioner completed a Diploma in Library and Information Science at the University of Colombo which was awarded in 2010.

By circular dated 15.03.2011, the Uva Provincial Public Service Commission called for applications to fill the vacancies of Librarian class III in the Uva province. Petitioner applied for the post and sat for a competitive exam. He got the highest marks, and was selected. However the Uva Public

Service Commission sent a letter of 6th June 2012 informing the Petitioner that his appointment is cancelled. No reasons for cancellation were stated in the said letter. Petitioner informed the Uva Governor to intervene. Petitioner also made several attempts to find the reasons for cancellation without avail. He also sought a release from the Department of Local Government to enable him to report to his previous work place. He was accordingly reinstated. This application challenge the above cancellation and seeks to restore the petitioner in the above position.

HELD:

1. A casual employee cannot consider the period that he worked on a casual basis as active service. Therefore, as the Petitioner was in continuous active service of the Uva Provincial Public Service for only five years as at the date of applying for the said examination, he was not eligible as he did not meet the ten year active service requirement.

Moreover, Section 13 of the Gazette notification dated 31st December, 2010 clearly states that if it is revealed that any information furnished by a candidate is false, the candidate can be removed from the service at any time.

Further, in Section 7.0 of his application for the Librarian Class III, the Petitioner had certified that all the information furnished by him in the application was true and accurate and admitted his knowledge on the fact that if any information furnished by him was revealed to be false, he could be removed from the government service at any time.

2. In the circumstances, I am of the view that as the Petitioner did not possess the required number of years of service and the misrepresentation or false declaration of information furnished to obtain the appointment are sufficient grounds to cancel the appointment according to the terms of the letter of appointment.

At the time of the cancellation of the appointment given to the Petitioner by letter of appointment marked as "P10" he was working as a probationer. Thus, the employer is not bound to give reasons for the termination of the Petitioner's services.

APPLICATION for Violation of Fundamental Rights.

J.C. Weliamuna, PC with Senura Abeyratne and Sulakshana Senanayake for the Petitioner.
Rajiv Goonetilake SSC for the Attorney General.

Cur.adv.vult.

PRIYANTHA JAYAWARDENA PC, J.

The Petitioner was appointed as a Library Attendant on a temporary basis with effect from 15th July, 2000 by a letter of appointment dated 25th October, 2000 issued by the Secretary of the Ministry of Education, Health, Social Services, Cultural, Youth Affairs, Sports and Co-operatives of Uva Provincial Council. The said letter of appointment stated that the appointment was on a temporary basis and that the Petitioner had no right to a permanent position in the Provincial Council or in the Central Government. Moreover, it stipulated that the Provincial Council could cancel the appointment when necessary. The Petitioner was attached to t