W.K.B. Seneviratne and 5 Others vs. Justice P.R.P. Perera and 23 Others – SC F.R. APPLICATION NO. 105/08-2010

In the case between W. K. B. Seneviratne and others (Petitioners, Class II-Jailors, Department of Prisons) and Justice P. R. P. Perera (Chairman, Public Service Commission) and others (Respondents), the court addressed the issue of whether the adoption of a revised marking scheme (P9), allocating equal weight to merit and seniority in promotions, violated the Petitioners’ fundamental right to equality under Article 12(1) of the Constitution. It was held that the implementation of the marking scheme P9, as approved by the Public Service Commission, was lawful and did not constitute a breach of the Petitioners’ rights. The principle reaffirmed was that both merit and seniority are relevant and legitimate criteria for public service promotions, particularly to higher posts, and that departure