Sriya Hettiarahchi v. Lal Samarasekara et al. – CA WRIT APPLICATION NO: 257/12-2017

In the case between Sriya Hettiarahchi (Petitioner) and Lal Samarasekara, Divisional Secretary, Four Gravets, Galle and others (Respondents), the court addressed the lawfulness of the Petitioner’s compulsory retirement and denial of pension benefits under Section 12(1) of the Minutes on Pension. It was held that the retirement and withholding of pension and gratuity were ultra vires, as the statutory preconditions for such action—namely a call for explanation followed by a finding of unsatisfactoriness, and the initiation or contemplation of disciplinary proceedings—had not been satisfied. The court reaffirmed the principle that both preconditions under Section 12(1) must be met conjunctively, not disjunctively. This decision relied on established precedent (Wilbert Godawela v. S.D. Chandr