Ginigathgala Mohandiramlage Nimalsiri v. Colonel P.P.J. Fernando & Others – SC FR NO. 256/2010-2015

In the case between Ginigathgala Mohandiramlage Nimalsiri (Plaintiff) and Colonel P.P.J. Fernando, Major General H.L. Weeratunge, Brigadier W.R. Palihakkara, Major General H.J.G. Wijeratne, Lt. General Jagath Jayasooriya, Mr. Gotabhaya Rajapakse, and the Honourable Attorney General (Defendants), the court addressed the issue of whether the refusal to re-enlist the petitioner for a third term in the Sri Lanka Army infringed the petitioner’s fundamental rights under Article 12(1) of the Constitution. It was held that the petitioner lacked an established statutory or contractual entitlement to re-enlistment and failed to demonstrate a legitimate expectation for such re-enlistment based on prior practice or official representations. The decision of the Respondents, influenced by the petitioner