Premadasa and Others v. Sabaragamuwa Development Bank and Others – sllr 2005 volume 1 page 161

In the case between Premadasa and Others (the Petitioners) and Sabaragamuwa Development Bank and Others (the Respondents), the court addressed whether salary increments, added to the Petitioners’ salaries upon promotion but not automatically accrued, could lawfully be recovered after they had been paid. The dispute concerned the calculation and recovery of salary increments based on the correct interpretation of the Establishments Code, a relevant Collective Agreement, and the application of Article 12(1) of the Constitution. It was held that increments are to be earned only after official placement on the new salary scale, and not for periods prior to promotion. The court found no violation of the Petitioners’ fundamental rights under Article 12(1). Reliance was placed on the clear wordin