Munasinghe vs Vandergert – sllr 2008 volume 2 page 223

In Munasinghe v. Vandergert, the petitioner, Munasinghe, an Assistant Superintendent of Survey, challenged his compulsory retirement and the imposition of a 1% pension deduction on the grounds of inefficiency, against the respondents, including Vandergert and other administrative authorities. The primary legal issue centered on whether the retirement and pension deduction—executed under Clause 33.1 of the Establishments Code, Circular 6/97, and a directive dated 16.07.1999—were lawful and consistent with the petitioner’s constitutional right to equality under Article 12(1), given the absence of a formal inquiry and an opportunity for the petitioner to respond. Upon review, it was held that the administrative action was arbitrary and discriminatory, as it lacked adherence to procedural safe