V.R.I. Gunawardena vs. Dr. H.C. Ambawatte – SC FR 536/2012-2025

In the case between the Pensioners and members of the Technical Educational and Training Teacher’s Union (including serving public officers in Technical Colleges) and the Director General of Technical Education and Training, secretaries of ministries, and government officials, the Court addressed the issue of whether administrative actions taken to retrospectively withdraw salary increments, previously granted under PA Circular 06/2006 (VII), and recover these as overpayments under PA Circular 06/2006 (X), constituted a violation of the Petitioners’ fundamental rights under Article 12(1) of the Constitution. It was held that the actions of the respondents, particularly the delayed rectification and subsequent attempts at recovery, were unlawful, and the recovery decisions were declared nul