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SC grants leave to proceed in FR application

by Wasantha Ramanayake

The Supreme Court overruling the preliminary objections granted Leave to Proceed in a Fundamental Rights application filed by 82 employees of the Ceylon Petroleum Corporation (CPC), against the alleged informal granting of promotions to fill Grade I posts at the Corporation.

The court overruling the preliminary objections observed that the rules did not require that every petitioner should file an affidavit. "What is required was that there should be at least one affidavit which prima facie supports the allegation in the petition together with the relevant document."

Upul Jayasuriya, counsel for 1-3 respondents, took up the preliminary objections that although there had been 82 petitioners only three petitioners filed the affidavits. The Bench comprised Justices Mark Fernando PC, H.S. Yapa and Nihal Jayasinghe. Counsel for the petitioner submitted that he was not seeking to quash the appointments of those who were promoted and he would not in any event pray for supernumery appointments if the respondents take up the position that there were no vacancies. Petitioners W.P. Somaratne, T.A.G. Tennakoon and 80 others cited CPC, its Chairman, Personnel Manager and the Attorney General as respondents.

The petitioners, employees of the Sapugaskanda Refinery of the CPC claimed that they had been serving in Garde B-2, for more than twelve years. They had applied for the promotion to the Grade B-1 in terms of a circular. They alleged that nothing came off of the said applications tendered by them.

The petitioners alleged that several employees had been promoted to Grade B-1 in the guise of political victimization overlooking the said circular. They stated that those who were granted promotions to Grade B-1 had, in fact, not been subjected to political victimization.

Respondents objections are to be filed on or before July 14.Manohara de Silva appeared for petitioners.
Upul Jayasuirya appeared for 1-3 respondents.
State Counsel S. P. Herath appeared for the Attorney General.
The hearing was fixed for September 4.

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