Captain R.D. Sunil Pathirana vs Lt. General Jagath Jayasuriya – CA WRIT APPLICATION NO.614/2011-2015

In the case between Captain R.D. Sunil Pathirana (Plaintiff) and Lt. General Jagath Jayasuriya (Commander, Sri Lanka Army) along with Colonel K.J. Jayaweera, Major T.K.M. Chandrasekera, and Hon. Gotabhaya Rajapakse (Defendants/Respondents), the court addressed the challenge to the compulsory retirement of the petitioner from the Sri Lanka Army by way of a writ of certiorari. It was held that the President’s power under Section 10 of the Army Act to retire Army officers “at pleasure” constitutes a valid and exclusive exercise of executive discretion, not subject to judicial review on the grounds advanced. The key principle reaffirmed is the non-justiciability of Presidential pleasure in military service terminations, drawing from applicable statutes and judicial precedent, and concluding th