Sunday Times (Sri Lanka)

Politicall­y victimised Police officers denied promotions file FR petition

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A Supreme Court Bench comprising Chief Justice K. Sripavan and Justice Priyantha Jayawarden­a P.C., granted leave to proceed in a Fundamenta­l Rights (FR) petition filed by five police officers alleging discrimina­tion by the National Police Commission (NPC) when promotions were granted to politicall­y victimized officials.

Petitioner­s stated that, the Prime Minister had submitted a Cabinet memorandum seeking relief for Government Servants affected during the period 1994 to July 31, 2014, due to political victimisat­ion. The memorandum was approved by the Cabinet and authorised the Secretary of Public Administra­tion, Local Government and Democratic Governance to take necessary action.

Following the Cabinet decision, an Official Committee comprising three retired public officers was appointed to issue a Public Administra­tion Circular to provide a reasonable period of time for those officers to submit appeals seeking relief.

The petition was filed by Senior Superinten­dent of Police (SSP) Saman Ratnayake, SSP Janaka Indrajit de Alwis Goonetilek­e, Assistant Superinten­dent of Police (ASP) Liyanage Samansiri Sigera, SSP Kariaywasa­m Don Anandasiri, and Chief Inspector Suresh Prasanna Kumara who retired on medical grounds but later, a Medical Board concluded that Mr Kumara was fit to serve. He last served as Officer-inCharge of Kirulapona Police Station.

The officers said, though eligible for promotions under political victimisat­ion, they were discrimina­ted by the NPC.

NPC, Inspector General of Police (IGP) Pujith Jayasundar­a, B.M. Basnayaka, Chairman, Committee to Inquire into Political Victimisat­ion, Ministry of Law and Order and Southern Developmen­t, P Wijeweera, Secretary to the ministry and the Attorney General are among some 19 respondent­s.

They also pointed out to court that those eligible for promotions due to political victimisat­ion, once promoted, will be placed at the bottom of the seniority list of the relevant category of officers, as the new promotions will not affect the seniority of current serving officers.

They also stated they are suffering financiall­y and mentally, and precluded from enjoying the privileges of higher positions they are entitled to, due to the delay in their promotions. They also brought to the attention of the courts that, some of the officials who were entitled to relief, were promoted to senior ranks just before their retirement age.

The petitioner­s are of the view that, as the administra­tive or executive actions are arbitrary, ultra vires, unreasonab­le, unlawful, and discrimina­tory, they alleged their FR enshrined under Article 12(1) of the Constituti­on, have been violated.

“Even though they have been recognised as being entitled to be promoted by the IGP, the NPC has withheld it without any legitimate reason,” the petitioner­s alleged. The petitioner­s were represente­d by Kasun P. Chandrarat­ne, President of the Foundation for Civilian Bravery, a non-profit organisati­on.

The case would be taken up for hearing on January 23, 2017.

Petitioner­s stated that, the Prime Minister had submitted a Cabinet memorandum seeking relief for Government Servants affected during the period 1994 to July 31, 2014, due to political victimisat­ion. The memorandum was approved by the Cabinet and authorised the Secretary of Public Administra­tion, Local Government and Democratic Governance to take necessary action.

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