D.P.L. Sunil Shantha Gunasekara vs. S.S. Hettiarachchi and Others – SC FR NO. 138/2015-2017

In the case between D.P.L. Sunil Shantha Gunasekara (former Principal of St. Aloysius College, Galle) and state officials including S.S. Hettiarachchi (Director General of Pensions) and members of the Public Service Commission, the court addressed whether the administrative process converting the petitioner’s normal retirement to a Section 12 retirement under the Minutes on Pensions was proper and lawful. It was determined that the process was marred by administrative irregularities, malice, and arbitrary action, resulting in the petitioner being unlawfully deprived of pension benefits. The court held that procedural safeguards under PA Circular No. 29/90 and Article 12(1) of the Constitution had been violated. Relief was granted, including direction for payment of withheld pension benefit