J M Thilakarathne vs M G Ariyaratne – CA PHC/24/2002-2018

In the case between J M Thilakarathne (Petitioner–Appellant) and M G Ariyaratne, Liquidator, Co-operative Development Department, Kandy (Respondent–Respondent), the court addressed whether the Respondent was under a legal obligation to pay back wages and associated allowances to the Appellant who had been interdicted from service since 14 June 1981 and remained unreinstated. It was determined that, given the Appellant’s failure to pursue reinstatement or take any remedial steps following interdiction, no such legal duty arose for the Respondent. The Court of Appeal affirmed the Provincial High Court’s decision to refuse a writ of mandamus compelling payment of back wages, emphasizing that entitlement to such payment presupposes reinstatement or a valid basis for maintaining eligibility. Re