The court ordered the government to pay a total compensation of Rs. 33 lakhs, which amounts to Rs. 25,000/- for each of the 132 candidates who had applied to take the promotion examination for the Second Grade of Clerks in the Registrar General’s Department.
The case revolved around the delayed promotion examination, which was intended to elevate clerks to the second grade within the department. The court’s ruling concluded that the Registrar General’s actions amounted to a breach of the candidates’ constitutional rights.
As a result of this ruling, the Registrar General has been ordered to pay compensation of Rs. 25,000/- to each of the 132 candidates who had applied to sit for the examination. These candidates had been waiting for years for the examination to be held, having originally applied in response to an announcement that the test would take place on February 2, 2013. However, the examination was postponed by the Registrar General’s Office indefinitely due to what was described as “unavoidable reasons.”
The Supreme Court delivered its judgment in response to a fundamental rights petition filed by the affected candidates. The case was heard before a bench of Justices Janak De Silva, Gamini Amarasekara, and Shiran Gunaratne. Justice Janak De Silva, delivering the verdict with the agreement of the other judges, emphasized that the prolonged delay in holding the examination was unjustifiable.
Among the respondents named in the petition were the Registrar General, D.M.S. Dissanayake, the Public Service Commission, and other officials connected to the case. The petitioners had previously raised concerns with the Minister in charge and the Secretary of the Ministry of Public Administration after no steps were taken to reschedule the examination.
During the hearings, the Attorney General, representing the respondents, informed the court that certain clerks who had completed 10 years of service had been promoted to the second grade without the examination. However, the Supreme Court found this to be insufficient and ruled in favour of the petitioners.
This decision by the Supreme Court not only underscores the importance of upholding the fundamental rights of public servants but also sets a precedent for accountability within the public sector.
