Sooriyapperumalage Ashoka Abeysiri Vs. The Chairman, Lanka Phosphate Limited and others – SC FR 17/2016-2025

In the matter of Sooriyapperumalage Ashoka Abeysiri and Lanka Phosphate Limited, the court addressed the issue of whether the non-payment of salary for a conditionally approved but unapproved Supplies Manager post constituted a violation of the Petitioner’s fundamental rights under Article 12(1) of the Constitution. The court held that the appointment to a post not approved by the Department of Management Services (DMS) was ultra vires and invalid, thereby precluding any claim to the salary or benefits of such a non-existent position. This decision reaffirmed the principle that appointments to public sector positions must adhere strictly to approved cadre structures and regulatory sanctions. This decision emphasized that a fundamental rights claim cannot be sustained for entitlements arisi