Herath Mudiyanselagedara Navarathna Banda Herath v. Commander of the Army and Others – CA WRIT APPLICATION NO. 232/2009-2016

The case between Herath Mudiyanselagedara Navarathna Banda Herath (petitioner) and the Commander of the Army and others (respondents) addressed the issue of whether the petitioner’s discharge and the recovery order issued by the first respondent were ultra vires and contrary to law. It was held that the petitioner’s transfer was compulsory under Regulation 29(2) of the Sri Lanka Army (Volunteer Force and Volunteer Reserve) Regulations due to exceeding the service age limit for his rank. The principle reaffirmed was that procedural safeguards under the Army Act apply mainly to dismissals for disciplinary reasons, while compulsory transfers on account of statutory service limits are lawful. The decision relied on a detailed interpretation of the Army Act and Regulation 29, emphasizing that c