Samastha Lanka Guru Upadheshaka Vurtheeya Sangamaya vs Susil Premajayantha – CA NO.315/2009-2013

In the case between Samastha Lanka Guru Upadheshaka Vurtheeya Sangamaya and officers (as Petitioners) and Susil Premajayantha, Minister of Education, M. N. Nimal Bandara, Secretary to the Ministry of Education, and others (as Respondents), the court addressed the legal validity of a letter (P7) issued by the National Salaries and Cadres Commission that denied the necessity of establishing a separate “In Service Advisors” Service, despite prior Cabinet approval for such a service (P2 and P3). It was held that only Cabinet Ministers have authority to revoke Cabinet decisions and that Cabinet Decision P3 had not been formally revoked or amended by subsequent Cabinet actions such as decision 1R9. The principle reaffirmed is that executive agencies may not act in contravention of extant Cabinet