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Rights Plea against National Paper Co. Ltd. : SC grants security officer full salary and duty leave

by Kumar Wethasinghe

The Supreme Court on Tuesday ordered the National Paper Company Ltd., to pay the petitioner his monthly salary and allowances, whilst on duty leave and until the final determination of his Rights Plea and restrained the NPC, from transferring him to Embilipitiya.

The Court also granted leave to proceed with the Fundamental Rights Application filed by H. C. W. Vidyamani of Karandeniya.

The Bench comprised Justices Mark Fernando, Amir Ismail and Hector Yapa.

In this case, the petitioner H. C. Vidyamani, a senior officer of the NPC's Security Division, had cited the National Paper Company Ltd., its Chairman, Palitha Ganegoda, the Executive Director, D. K. D. Gamunu Pushpa Kohanda, the General Manager, J. C. A. Abeyratne J. C. Amaradasa as respondents.

The petitioner who claims over 24 years service at the NPC Ltd., had sought a Court declaration that 1-5 respondents acting in denying his rightful promotion as the Chief Security Officer and the subsequent transfer orders imposed on him by the Chairman's letter dated 8-11-02, was in gross violation of his Fundamental Rights, especially of the equality and equal protection granted to him under Article 12 (1).

The petitioner alleged that the difference of opinion arose since 1-11-2000 between him and the Management of the NPC Co Ltd. over the reappointment of a past employee.

According to the petitioner, a past subordinate of the petitioner D. S Senavirathne was dismissed from the NPC Co Ltd. on 2-11-87 on charges of theft. However this same person was trying to reassume duties as the Managing Director of Jayodya Security Services at the NPC.

Thereafter, the respondents who were perturbed over the issue after the appointment of the said ex-employee continued to treat the petitioner in a hostile manner. He was not only inundated with unwarranted quarries but was also denied his rightful promotion and in addition was arbitrarily transferred to a distant station in demoted capacity.

Therefore, the petitioner pleads that he is at a loss to understand as to how what he appraised to the Management in good faith was be mis-construed as an official lapse to demote and transfer him. The petitioner further submitted that on the same issue he had gone before the Human Rights Commission and on 8-11-2002, had made order to promote the petitioner and appoint him as the Chief Security Officer with retrospective effect from 1-1-97.

Manohara de Silva with W. D. Weeraratne appeared for the petitioner. Senior State Counsel Shavindra Fernando appeared for the respondents. Further case resumes on 19/03/03.

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