Thulika Nirosheni Wickramasiri Gunasekara vs D.G.S.C. Niroshini et al. – 393/18-2022

In the matter of Thulika Nirosheni Wickramasiri Gunasekara (Petitioner) versus the officials of the Ministry of Public Administration and Home Affairs, including the 2nd Respondent, the key issue concerned the entitlement of the petitioner to full widow’s and orphans’ pension benefits following a disputed allegation of remarriage. The court determined that the reduction of benefits and cessation of dependents’ allowance by the 2nd Respondent was unreasonable, unlawful, and ultra vires, as it was grounded on an improper interpretation of Section 7 of Pension Circular 13/2010 and Regulation 37 under the Widows’ and Orphans’ Pension Scheme (Armed Forces) Act No. 18 of 1970. The principle reaffirmed was that pension entitlement must be assessed strictly according to statutory provisions and pr