Peduru Arachchige Tiuska Pushpa Weerasinghe vs Land Reform Commission et al. – SC FR APPLICATION NO. 120/2019-2023

In the case between Peduru Arachchige Tiuska Pushpa Weerasinghe (Petitioner) and officials of the Land Reform Commission (Respondents), the court addressed whether the alleged denial of promotion to the post of Deputy Director – Legal amounted to a violation of the Petitioner’s fundamental rights under Article 12(1) and Article 14(1)(g) of the Constitution. It was held that the Petitioner failed to establish, on a balance of probabilities, any breach of constitutional rights, given the evidence regarding eligibility criteria, salary increments, language proficiency, and merit requirements under the LRC’s 2012 Scheme of Recruitment. This decision reaffirmed the principle that a party alleging a violation of fundamental rights bears the burden of proof and that adherence to established recru