Elayadura Prasad Senadara De Silva, Chief Inspector of Police vs Hon. Gamini Lokuge – SC FR 0045/2022-2025

The court addressed whether the decision to backdate a police promotion infringed fundamental rights under Articles 12(1) (equality) and 14(1)(g) (freedom regarding promotion) of the Constitution. It was held that the backdating of the 48th Respondent’s promotion constituted an arbitrary deviation from established public policy regulating promotions, violating constitutional guarantees of equality and non-arbitrariness. Reliance was placed on constitutional provisions (notably Articles 55, 61A, and 155G as amended), case precedents on objective and policy-based discretion in public appointments, and the principle that executive actions affecting promotions must not be arbitrary or discriminatory. The invalidation of directives and orders enabling the backdating of promotion reaffirmed the