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Forest officer files FR petition : Cites PSC and Ministry Secretary

2014 Feb 12

Supreme Court granted leave to proceed with a Fundamental Rights petition filed by a Class 1 Officer of the Sri Lanka Technological Service (SLTS), attached to the Forest Department.
 
 
Petitioner Vijitha Parakrama Wanigasinghe, in his petition, had complained to the Court that the Public Service Commission (PSC) had violated his fundamental rights by not permitting the Conservator General of Forests to summon the petitioner for an interview, after which he could be promoted to the Special Class, subject to the results of the examination held in 2012.
 

The Bench comprising Justices Shiranee Thilakawardana and Priyasath Dep fixed the inquiry for 2 October.
According to the petitioner, he is a Class 1 Officer of the Sri Lanka Technological Service attached to the Forest Department, as a forester at the Bibile Range Forest office.
 

The petitioner stated that according to the Approved Service Minute of the SLTS, the examination for promotion of officers in Class 1 of the SLTS to Special Class was held by the Commissioner General of Examinations in Colombo in September 2012.
 

The petitioner was eligible to apply for the written examination for the vacancies in the Special Class under category 'A' of the said scheme of promotion as he had the qualifications to sit for the examination. He had scored 123 marks, the petition further stated.
 

According to the results of the examination, the petitioner was the first on the list and that list had been sent to the Public Service Commission to obtain approval to interview officers in order to fill two vacancies in the Special Class of the SLTS, he stated.
 

The PSC, by its letter dated 28 June 2013, had granted the Secretary of Ministry of Environment, the approval for the said officers to be called for an interview to fill the two vacancies.
Subsequently, the PSC, in its letter dated 29 July 2013, had informed the Secretary to Ministry of Environment and Renewable Energy to fill the vacancies based on the results of the examination, the petitioner said.
The petitioner requests the Court to declare that the Secretary to the Ministry of Public Administration and the Public Service Commission had violated his fundamental rights. He also requests the Court to grant him costs and compensation.
 

Attorney-at-Law Dharsana Kuruppu, instructed by Attorney-at-Law Nimali Chandrasekara, appeared on behalf of the petitioner.

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