Premawathie v. Fowzie, Minister of Health and Others – sllr 1998 volume 2 page 373

In the case between Premawathie (plaintiff) and Fowzie, Minister of Health and Others (defendants), the court addressed the issue of alleged violation of the petitioner’s fundamental right under Article 12(1) of the Constitution. It was held that the petitioner’s demotion and denial of back wages, despite exoneration on disciplinary charges, constituted an infringement of her rights. The holding reaffirmed the principle that the court under Article 126 is obligated to make a just and equitable order rather than merely enforce a private settlement. The decision drew upon constitutional provisions and existing precedents around procedural fairness and remedies for fundamental rights violations, emphasizing that a full redress—including reinstatement, compensation, and reinstatement of benefi