M.C. Adam Bawa vs. The Secretary, Divisional Secretariat, Karaithivu, et al. – CA WRIT/96/2021-2021

In the case between M. C. Adam Bawa (Petitioner) and, inter alia, The Secretary, Divisional Secretariat, Karaithivu; The Director of Pension, Department of Pension, Maligawatte, Colombo 10; and The Director of Zonal Education, Zonal Education Office, Ampara (Respondents), the court addressed whether the Petitioner was entitled to relief under a Cabinet decision aimed at politically victimized persons, specifically regarding pension adjustment and payment of arrears. It was held that the Petitioner was disqualified from such relief because the relevant Cabinet decision applied only to individuals retiring after 02.03.2016, a date which postdated the Petitioner’s retirement. The principle reaffirmed was that the “Rule of Recognition” must be applied in evaluating the validity and effect of g