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Friday, 21 September 2001  
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SC hears police officer's FR case

by Wasantha Ramanayake

The Inspector General of Police and the Secretary of Defence have recommended to the Public Service Commission (PSC) to antedate the promotion of the petitioner to the rank of Assistant Superintendent of Police to May 15, 1989, submitted Senior State Counsel S. Rajaratnam when the Fundamental Rights Violation Case filed by a Police officer was called for hearing before the Supreme Court.

The bench comprised Justices Mark Fernando, H. S. Yapa and C. V. Vigneswaran.

Sanjeewa Jayawardane Counsel for the petitioner M. U. A. Sheriffdeen of 100, Temple Road, Nawala, submitted that his client was prepared to consider a settlement on that basis provided Sheriffdeen's right to further promotions as the Superintendent of Police and Senior Superintendent of Police were both recognised.

Counsel also submitted that he would give particulars of the promotions of the officers in support of his claims to promotions as SPs and SSPs to SSC Rajaratnam.

SSC Rajaratnam said that he would ascertain whether the respondents, the IGP and the Defence Secretary were agreeable to grant such relief. Petitioner among the other matters stated, that the PSC had specifically directed that the petitioner should be promoted to the rank of ASP and that the promotion should be made with retrospective effect from May 20, 1982. The promotion to the rank of ASP was formally granted only on November, 1993, without the retrospective effect, rendering the directions of PSC nugatory.

The petitioner claimed that he should have been promoted to the ASP rank long before 1993 as he had been serving in the Police Department since June 1967 and had been qualified in an open competitive examination for ASPs in September 1981.

The plaintiff alleged that respondents treating him arbitrarily had failed to promote him in terms of the said PSC directions.

The petition will be called again on October 16, to see whether a settlement is possible.

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