WASANTHA DISANAYAKE AND OTHERS

WASANTHA DISANAYAKE AND OTHERS
VS.
SECRETARY, MINISTRY OF PUBLIC ADMINISTRATION
AND HOME AFFAIRS, AND OTHERS

SUPREME COURT
K. SRIPAVAN.C.J.
B. ALUWIHARE, P.C.J
P. JAYEWARDENE, P.C.J.
S.C. APPLICATION F.R. NO. 611/12
23.09.2014

CONSTITUTION - ACT 12(1) recruitment - Arbitrary departure from the scheme of recruitment-scheme of recruitment is not good forever - Function of not to advise in matters relating to promotion - Once a scheme is laid down - Public Service Commission has to apply it uniformly.

Petitioners are Statistical officers, Grade 1 in the Department of Census and Statistics. The next promotion for the Petitioner would be Statistician Petitioners state the previous internal recruitment to the post of "Statistician" was in 2005. Application were called from qualified internal candidates to fill the vacancies of the post of Statistician. The 3 Respondent by letter of

12.09.2012 called for applications for examination from internally qualified officers for the post of Statistician. The complaint of the Petitioners is that the new method of recruitment is a significant departure from the scheme of recruitment, the one which was in operation Petitioners plead that they were never informed of a new scheme of recruitment and they were neither asked or requested to participate or obtained their opinion before the new scheme was put into operation.

Held:

1. A scheme of recruitment once formulated is not good for ever; it is perfectly within the competence of the appropriate authority to change it, rechange it, adjust it and re-adjust it according to the compulsions of changing circumstances The Court cannot give directions as to how the Public Service Commission should function except to state the obligation not to act arbitrarily and to treat employees who are similarly situated equally Once the Public Service Commission lays down a scheme, it has to follow it uniformly Having laid down a definite scheme of promotion, the Public Service Commission cannot follow the irrational method of pick and choose.

2. The complaint of the Petitioners that their seniority was not considered adequately in the impugned scheme of recruitment cannot in any event form the basis of discrimination as the requirement of service from non-graduate to sit for the relevant examination is only 10 years of service However, under the open competitive stream, only graduates become eligible to apply.

3. Even from a practical point of view, the functions of the Court is not to advise in matters relating to promotions of public officers The Court can only strike down a scheme of recruitment if it is wholly unreasonable and violates the provisions of the Constitution or any statute. It would be hazardous and risky for the Court to tread an unknown path and should leave such task to the expert bodies Considering all the above mentioned facts and circumstances, the new scheme of recruitment to the post of "Statistician" cannot be categorized as arbitrary and in violation of the Petitioners fundamental rights guaranteed in terms of Article12(1) of the Constitution.

An application under Article 126 of the Constitution.

Case referred to:

Union of India vs. S.L Dutta 1991 (1) SCC 505; AIR 1991 SC 363 Asthika Devendra for the Petitioners with J Nandasiri.

Viraj Dayaratne D.S.G. for 1st to 5th, 6A to 14A, 15th and 29th Respondent.

Cur.adv.vult.

September 10, 2015.

SRIPAVAN.C.J.

The Petitioners are employees of the Department of Census and Statistics holding the post of "Statistical Officer - Grade I". They were originally appointed as "Statistical Investigators" during the period 1984 to 1991; absorbed to the post of -Statistical Officers - Grade II" 4th October 2000; absorbed to the post of "Statistical Officers - Grade I" on 21 October 2011 The Petitioners state that after the post of "Statistical Investigators-was abolished on 04th October 2000, the Off

Click Here to Read the rest of this document