Y.M.Upasena Vs. Sri Lanka Transport Board and others – CA WRIT APPLICATION 40/2011-2012
In the case between Y.M. Upasena and the Sri Lanka Transport Board alongside the Chief Regional Manager, Sri Lanka Transport Board (Regional Board, Badulla), the court addressed the legal issue of whether the retirement decision communicated via document “P5” and the applicability of “P8” circular should be set aside by writ of certiorari. The holding established that the retirement was effected at age 55 in accordance with Public Enterprises Circular No. 52, with extensions beyond that age remaining at the discretion of the Board and subject to operational needs and qualifying criteria. The subsequent circular, No. 60, was deemed inapplicable because it was promulgated after the petitioner had reached the retirement age. The decision reaffirmed that discretionary powers relating to retire

