Dr. Chanaka Harsha Talpahewa vs. Ministry of Foreign Affairs et al. – SC FR/APPLICATION NO. 378/2017-2022

In the case between Dr. Chanaka Harsha Talpahewa and the Ministry of Foreign Affairs, the Public Service Commission, and others, the court addressed the issue of whether a retrospective amendment to the Service Minute—and the associated change in eligibility for promotion—violated the petitioner’s fundamental right to equal protection under Article 12(1) of the Constitution. The court determined that the retrospective application of the new Service Minute, which altered qualifying criteria and lacked transitional provisions, unlawfully denied the petitioner legitimate expectation of promotion. The principle reaffirmed was that amendments to service conditions which affect accrued rights and legitimate expectations must not operate retrospectively to the detriment of individual officers. Re