Don Karunasena Athukorala vs. H. M. Gunasekera and Others – sllr 2016 volume 1 page 286

In the case between Don Karunasena Athukorala (Plaintiff) and H. M. Gunasekera and Others (Defendants), the court addressed allegations concerning the breach of fundamental rights under Article 12(1) of the Constitution. The primary legal issues involved the legality of deductions from the Petitioner’s pension and gratuity, the payment of only half wages during a period of interdiction, and the respective authority of the Public Service Commission and the 3rd Respondent under the Establishments Code and the Minutes on Pensions. It was held that the Public Service Commission lawfully exercised its authority in deciding to pay half of the wages during the interdiction period. However, the deduction of 10% from the pension was determined to be procedurally flawed, as it was imposed without ob