Elayathamby Nadesamoorthy vs. T. Asoka Peiris and others – CA WRIT APPLICATION NO. 875/2010-2019

In the case between Elayathamby Nadesamoorthy (Appellant) and the Secretary, Ministry of Land and Land Development & Others (Respondents), the court addressed whether the Appellant’s service period for absorption into the higher grade under the revised Service Minute “P6” should exclude periods of No-Pay Leave. It was determined that the deduction of No-Pay Leave was correct and resulted in the Appellant qualifying for absorption into Class II Grade II on 02nd November 2006, in compliance with the provisions of clause 7.1 of “P6” and clause 16 — 10 of the Establishments Code. The claim of prejudice relating to salary point and seniority was found unsubstantiated, as any delay or lower salary placement occurred due to the Appellant’s non-compliance with examination requirements, not the res