Eliyathamby Nadesamoorthy vs T. Asoka Peiris – 875/2010-2013

In the case between Eliyathamby Nadesamoorthy (Petitioner) and T. Asoka Peiris (Secretary, Ministry of Land, Land Development, Janawasa and Ranaviru Welfare) and others (Respondents), the court addressed whether a government Surveyor was wrongfully denied the opportunity to retire early per restructured service rules (“Service Minute”), and if such denial was arbitrary or unreasonable, meriting judicial relief. It was held that the reduction in the Petitioner’s salary and seniority was the result of earlier no-pay leave rather than changes under the 2006 Service Minute. The court reaffirmed that entitlement to early retirement under the Service Minute is limited to officers whose service conditions are adversely affected by the restructuring itself. Reference was made to the discretionary