Sub Inspectors' FR applications dismissed

Wasantha Ramanayake

COLOMBO: The Supreme Court yesterday held that the Reserve Police Officers were not entitled to carry forward the increments earned during the time they were serving in the Reserve Police Force to the rank of Sub Inspector in the Regular Police Force.

The court holding that the petitioners had failed to establish any violation of rights dismissed three Fundamental Rights applications filed by some Sub Inspectors of Police who had initially joined the Police Reserve Force and subsequently promoted to the rank of Sub Inspectors of the Regular Police Force.

They complained that the salary increments that had been granted while they were attached to the reserve force had not been added to their salary after they were absorbed to the regular force in violation of their rights.

The Bench comprised Justices Dr. (Mrs.) Shirani Bandaranayake, Raja Fernando and Saleem Marsoof PC.

Delivering the Judgement Justice Bandaranayake noted that the petitioners were absorbed into the Regular Force and appointed as the Sub Inspectors of Police after considering their applications. The Court further noted that with the appointment they joined other officers in the who were already in the regular force.

"From that moment onward the petitioners belonged to the same group and thereby they too were clubbed together with the other officers who were in the regular force."

The Court noted that the petitioners could not be granted the increments they had earned during the time they were serving in the Reserve Force.

The court further stated that the it would not only be unreasonable but also unequal in terms of the Article 12(1) of the Constitution since the salary scales of the Sub Inspectors in the regular cadre were fixed and that the action would create two classes of officers within one group of officers.

Tuan Ishan Raban of Kottawa and M.P. Priyadharshana and 46 others cited National Police Commission and several Police Officers as respondents.

Romesh de Silva PC with Sugath Caldera appeared for the petitioners.

The Senior State Counsel N. Pulle appeared for the respondents.