Gnei Junior Abbas vs Thilakeratne (Director General of Pensions) and 4 Others – sllr 2012 volume 2 page 197

In the case between Miss Gnei Junior Abbas (on behalf of Tuan Bangasa Jaya Abbas) and Thilakeratne (Director General of Pensions) and others, the court addressed the issue of constitutional equality and statutory pension entitlement under the Widows’ and Orphans’ Pension Fund Act. It was held that the imposition of additional criteria through administrative circulars, beyond those set out in Section 29A of the Act, was unauthorized and invalid. The court reaffirmed the principle that statutory eligibility criteria must be interpreted in favor of equality before the law as set out in Article 12(1) of the Constitution, and that administrative directions without statutory authority cannot override legislative provisions. The decision relied on a plain and literal reading of Section 29A, empha