Nandawathie vs. Dias et al. – CA WRIT APPLICATION NO. 231/2022-2023

In the case between G. A. Nandawathie (Petitioner) and, among others, A. Jagath D. Dias (Director General of Pensions) and Buddhika Jayathissa (Director, Pensions), the court addressed the issue of pension entitlement for a public servant permanently appointed after the age of 45. The holding determined that the petitioner was eligible for a pension, as all substantive and procedural requirements were satisfied under Public Administration Circular No. 13/2005, and that administrative lapses did not vitiate her permanent appointment. It was emphasized that the decision to deny a pension under these circumstances was ultra vires, reaffirming the key principle that administrative errors should not deprive a qualifying employee of statutory retirement benefits. Reliance was placed on applicabl