K.W.P.Fermin A. Fernando Vs. The Administrative Appeals Tribunal and others – CA WRIT 120/2009-2009

In the case between K.W.P.Fermin A. Fernando (Petitioner) and The Administrative Appeals Tribunal & Others (Respondents), the court addressed whether a writ of Certiorari should issue to quash the tribunal’s refusal to anti-date the petitioner’s police promotion and whether a writ of Mandamus should compel reconsideration. It was held that the petitioner failed to satisfy the procedural and substantive requirements under the Establishments Code necessary for anti-dated promotions. The principle reaffirmed by the court was that judicial review cannot overturn a lawfully made tribunal decision based solely on alleged errors or sympathetic circumstances. Reliance was placed on procedural statutes relating to public service promotions and the scope of judicial review, emphasizing that only leg