Jebarajes Krishnamoorthy nee Kumarasingam vs Public Services Commission et al. – SC FR APPLICATION NO. 192/2019-2023

In the case between Jebarajes Krishnamoorthy nee Kumarasingam (Petitioner) and the Public Services Commission along with various government officers (Respondents), the court addressed whether the petitioner’s fundamental rights under Articles 12(1) and 14(1)(g) of the Constitution were breached by the failure to call her for an interview for promotion to the Special Grade of the Sri Lanka Administrative Service (SLAS). It was determined that “seniority” and “active service” under the SLAS Service Minute and Establishments Code mandate the computation of seniority based on periods of active service only, thereby lawfully excluding periods of no-pay leave when calculating eligibility for such promotions. Upon analysis of the petitioner’s service history and application of the statutory frame