Subramaniyam Garan vs M. A. B. Daya Senarath, Secretary, Public Service Commission and others – CA WRT/0529/21-2025

In the matter of Subramaniyam Garan and the Ministry Secretary, the court addressed the legality of a transfer and the applicability of Article 61A of the Constitution. The court held that the transfer process was lawful due to delegated powers and subsequent PSC ratification, which rendered the transfer a PSC decision and activated the constitutional ouster clause. This reaffirmed the principle that subsequent ratification can validate actions taken subject to covering approval, and that courts are precluded from inquiring into PSC decisions. This decision relied on PSC Circulars and Article 61A of the Constitution, emphasizing that the court lacked jurisdiction to consider the petitioner’s challenge to the ratified transfer.

K. M. G. H. KULATUNGA, J. – The petitioner’s application was