Upasena v. Richard Pathirana, Minister of Education and Higher Education and Others – sllr 2002 volume 1 page 321

In the case between Upasena (Plaintiff) and Richard Pathirana (Minister of Education and Higher Education) and others (Defendants), the court addressed whether a Cabinet decision prohibiting service extensions beyond a specified age should be applied retrospectively and whether the refusal to grant a second extension of service violated the petitioner’s fundamental rights under Article 12(1) of the Constitution. It was determined that the Cabinet decision concerning age limits for service extensions must be applied only prospectively. The denial of the petitioner’s second extension, after the petitioner had met the required conditions, was found to be arbitrary and unreasonable, amounting to a violation of the right to equality. Relief, including compensation, was awarded. The reasoning dr