T.M.C.S Bandara and S.J.S.D. Perera vs N. Abayawickrema and P.B. Abeykoon – CA WRIT/05/2013-2016

In the case between T.M.C.S. Bandara, S.J.S.D. Perera (petitioners) and N. Abayawickrema, P.B. Abeykoon, J. Dadallage, D.M.K.G.T.T. Karunaratne, Hon. Attorney General, and S.S. Hettiarachchi (respondents), the court addressed the entitlement of retired Investigating Officers to prevent the recovery of alleged overpayments from their pensions through writs of certiorari, mandamus, and prohibition. It was held that the petitioners possessed no enforceable legal right to specific pension calculations or amounts beyond the arrangements already provided, and that pension entitlements remained subject to applicable statutes, circulars, and pension minutes, without establishing an absolute legal right. Reference was made to Sri Lankan and English case law, notably Gunawardena v. Attorney General

REF: CA WRIT/05/2013-2016 Category: Tag:
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