M.K.B. Herath vs A. Jagath D. Dias et al. – 38/2020-2022

In the case between M.K.B. Herath (Petitioner) and A. Jagath D. Dias, Director General of Pensions, U.P. Indika Anuruddha Piyadasa, Divisional Secretary of Yatunuwara, and others (Respondents), the court addressed the issue of whether a retired public servant is entitled to a revised pension under Public Administration Circular No. 16/2015 (P9), based on amendments allegedly introduced by earlier circulars (P7A and P8). It was held that the Petitioner was not entitled to the claimed revision of his pension, as the relevant salary scale (SL-1-2006) had not been amended by Circular P8 and, consequently, the provisions of P9 were inapplicable. The key principle reaffirmed is that a legal right or corresponding public duty must exist for the grant of writs of Certiorari and Mandamus, and payme