B.M.T.D. Jayasekera vs University of Vocational Technology et al. – CA MISC/05/2019-2022

In the case between B.M.T.D. Jayasekera (Appellant-Respondent) and the University of Vocational Technology along with associated officials (Respondent-Appellants), the court addressed whether entitlement to permanent appointment and promotional benefits continued when an employee was transferred from the National Institute of Technical Education of Sri Lanka (N.I.T.E.S.L.) to the newly established university under Act No. 31 of 2008. It was held that appointment to a permanent post was not automatic, as the letter of appointment only provided that the appointment “may” be made permanent, not “shall.” The findings established that acceptance of a new appointment as Teaching Assistant estopped the employee from challenging that capacity thereafter. Reference was made to statutory requirement