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Civil servant files rights plea in SC challenge appointments of District Secretaries

by Indeewara Thilakarathne

A senior civil servant has filed a Fundamental Rights plea in the Supreme Court challenging the appointments of District Secretaries to 8 districts. The petitioner also claims a sum of Rs. 500,000 as damages.

In this petition, the petitioner Anton Tissera Warnakulasuriya of the Sri Lanka Administrative Service has cited the Prime Minister and Minister of Policy Development Ranil Wickremesinghe, 31 Cabinet Ministers and the Attorney General as respondents.

The petitioner, among other things, states that he had served in the Sri Lanka Administrative Service and held many important positions in various capacities including the Secretary Provincial Public Service Commission of the North Western Province.

He further states that the predecessor of the present Acting Secretary of Ministry of Home Affairs and Provincial Councils K. P. M. Speldewinde had called for applications for the post of Divisional Secretary or Government Agent for the Districts of Hambantota, Kegalle and Matale in a paper advertisement published in the "Dinamina" of September 17,2002.

The petitioner had submitted an application and was called for an interview by a fax, dated November 15,2002.Later the said interview was held on November 21, 2002 and the petitioner faced the interview with few others.

The petitioner also states that seniority in service, Training and Educational Qualifications and personality of the candidates were among the criteria adopted for the interview.

Later, the petitioner received a fax dated April 10, 2003 , requesting him to nominate six districts where he wishes to serve in the order of priority.

The petitioner nominated Trincomalee, Kegalle, Kurunegala, Polonnaruwa, Moneragala and the Galle districts as his priorities and expected that he be called for an interview for the post.

However, later 1-32 respondents had appointed 23-42 respondents either as Divisional Secretaries or GAs to the Districts of Hambantota, Trincomalee, Kurunegala, Matale, Kegalle, Ampara, Polonnaruwa and Anuradhapura

The petitioner further states that out of eight appointments, 37-42 respondents are junior in service to the petitioner and that the decisions by 1-32 respondents to make said appointments are irregular, arbitrary and unreasonable and violated the petitioner's Fundamental Rights in terms of the Section 12 (1) of the Constitution.

Therefore, he prayed that the petition be granted leave to proceed. He also urged the court to state that his Fundamental Rights were violated by the action and to declare the appointments of 35-42 respondents as null and void.

He further prayed that 1-34 respondents be directed to hold afresh interview for the post and claims a sum of Rs 500,000 as damages.

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