September 14, Colombo (LNW): The Supreme Court has dismissed a challenge brought by 71 police officers over the promotion of a Police Sergeant to the rank of Sub-Inspector, finding that the appointment was properly made and did not infringe the fundamental rights of the petitioners.
The case centred on the promotion of M.L.D.W.K. Jayasekera, named as the 11th respondent, whose elevation to Sub-Inspector had been challenged by the officers, who alleged that the decision of the Police Commission adversely affected their rights.
A three-judge bench comprising Chief Justice Preethi Padman Surasena and Justices Mahinda Samayawardena and Sampath K.B. Wijeratna considered the arguments presented by both sides before reaching its decision.
In its determination, the Court found that Jayasekera’s promotion could not be characterised as an attempt to obtain an unwarranted advantage at a late stage in his career. Instead, the judges noted that his case had its roots in recommendations made in his favour as far back as 2001.
The Court observed that Jayasekera had continued to pursue the matter over many years, with successive senior police officers supporting his claim. His entitlement therefore had a history extending over roughly two decades rather than originating with a fresh application in 2019.
The petitioners had also accepted that the police service’s rules allow special promotions in circumstances where an officer fulfils the applicable requirements.
Having examined the circumstances surrounding the appointment, the Supreme Court concluded that the promotion complied with the established procedure and that there had been no violation of the fundamental rights of the 71 officers.
The ruling effectively brings to a close the challenge to Jayasekera’s elevation, confirming that the promotion was supported by the relevant administrative and service considerations.
President’s Counsel Faiszer Musthapha, Senior Counsel Ian Fernando and Saheeda Barrie represented the 11th respondent before the Court.
