Prematilake v. Withanachchi, Secretary, Judicial Service Commission and Others – sllr 1998 volume 3 page 221

In the case between Prematilake (Plaintiff) and Withanachchi, the Secretary to the Judicial Service Commission, and others (Defendants), the court addressed the issue of determining the effective retirement date for a District Judge ‘Super Grade’ for pension computation purposes. It was held that the retirement date is to be recognized as January 1, 1997, corresponding to the day the petitioner attained the compulsory retirement age of 60 years and continued working, rather than December 31, 1996, as asserted by the respondents based on the last working day practice. The findings established that section 17 of the Minutes on Pensions, the relevant Public Administration Circular, and the Attorney-General’s advice support the petitioner’s interpretation. The court further determined that the