Sirinaga v. Jayasinghe – sllr 1982 volume 2 page 538

The case between Palitha Sirinaga (Plaintiff-Appellant) and Jayasinghe, represented by the Director of Combined Services and other state authorities (Respondent), addressed whether a clerk employed in the District Court before the 1978 Constitution was a “scheduled public officer” requiring a Judicial Service Commission (JSC) appointment for transfers. It was held that, in the absence of a formal JSC appointment, the plaintiff-appellant did not attain the status of a scheduled public officer, thereby validating the transfer action exercised by the Director of Combined Services. The findings reaffirmed the principle that alteration of employment status or terms within the public service under Article 114(6) of the Constitution requires both appointment by the JSC and the individual’s consen