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| Tuesday, 2 March 2004 |
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by Wasantha Ramanayake The Supreme Court yesterday directed the Central Environmental Authority to make promotional appointments to fill ten of its senior positions that had been vacant for several months, at the conclusion of the Fundamental Rights application filed by nine employees of the authority. The Bench comprised Chief Justice Sarath N. Silva PC and Justices Nihal Jayasinghe and Shirani Thilakawardane. The court held that the respondents had violated the petitioners' right to equality and directed the CEA to appoint the petitioners according to the selection made consequent to the written test and interview held in 2001. K.G.S. Jayawardane of Padduka, A. Rajaratnam and seven others cited the Central Environmental Authority (CEA), its Chairman Ajitha de Costa, the Director General, of CEA, Environmen and Natural Resources Minister Rukman Senanayake, Secretary to the Ministry Thosapala Hewage and the Attorney General (AG) as respondents. The petitioners' counsel submitted that the petitioners had been selected for posts of the Deputy Directors (Environmental Management and Assessment), one post of Deputy Director (Environmental Pollution Control), posts of Assistant Directors (Environmental Management and Assessment) and posts of Assistant Directors (Environmental Pollution Control) consequent to a written test and an interview. However, the Secretary to the Ministry had ordered the CEA to hold a fresh interview to fill the vacancies notwithstanding the fact that the petitioners had been already selected for the posts. The counsel submitted that the said decision was illegal and in violation of the rights of the petitioners. The counsel contended that in terms of Section 14 of the CEA Act, the Ministry could not interfere with its promotional appointments since it was a regulatory body. J.C. Weliamuna with Shantha Jayawardane instructed by Lilanthi de Silva appeared for the petitioners. State Counsel Viveka Siriwardane de Silva appeared for the CEA, the Minister and the AG. |
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