Amarasekera vs. Karunasekera Kodithuwakku, Minister of Human Resource Development – sllr 2005 volume 2 page 058

In the case between Amarasekera (Petitioner) and Karunasena Kodithuwakku, Minister of Human Resource Development, Education and Cultural Affairs, along with other officials (Respondents), the court addressed the issue of whether Section 12(1) of the Minutes on Pensions could be validly applied to withhold or reduce a public officer’s pension when disciplinary proceedings were not pending or contemplated at the time of retirement. It was determined that the application of Section 12(1) requires disciplinary proceedings to be pending or contemplated at the point of retirement, and that the subsequent determination by the Public Service Commission did not invalidate its action. The application for a writ of mandamus requiring respondents to forward pension documents was dismissed, reaffirming