K.A. Gunasena v. Public Service Commission & Others – SC FR 303/2013-2022

In the case between K.A. Gunasena (Petitioner) and the Public Service Commission, Deputy Secretary to the Treasury, and the Attorney General’s Department (Respondents), the issue concerned whether the denial of back wages, antedating of promotion, and reversal of the Administrative Appeals Tribunal’s direction infringed the Petitioner’s fundamental rights under Article 12(1) of the Constitution. It was held that the arbitrary and inconsistent treatment of the Petitioner, compared to other reinstated public servants, constituted a violation of equality before the law. The principle reaffirmed is that public authorities are bound to apply lawful service rules and tribunal orders impartially and without discrimination. Reliance was placed on constitutional guarantees of equality and the bindi