Pushpakumara vs. Surveyor General and Others – sllr 2019 volume 2 page 386

In Pushpakumara v. Surveyor General and others, the court addressed whether the Administrative Appeals Tribunal (AAT) acted within its constitutional powers when, after rescinding an order by the Public Service Commission (PSC) under Article 59(2), it imposed additional conditions on the petitioner’s reinstatement. It was determined that a purposive interpretation of Article 59(2) confers upon the AAT not only the authority to rescind, alter, or vary PSC orders but also to impose incidental or consequential conditions connected to the exercise of that power. The statutory language of “rescind” was found to permit such conditions, rejecting a narrow interpretation. The application for a writ of certiorari was dismissed due to both the merits and the petitioner’s undue delay, reaffirming the