Paper marking impasse: SC urges consensus on salary issue

Wasantha RAMANAYAKE

Colombo: The Supreme Court yesterday directed the teachers unions and the Salaries and Cadre Commission to reach a consensus with regard to the salary issue and requested the cooperation of teacher unions without any obligation to prepare a list of examiners as soon as possible.

The Court noted that the list would facilitate the process by removing any legal barriers in the way.

The Court put off the hearing for next Monday (09). The Court noted that if the matter could be resolved on next Monday the paper marking could be resumed without any undue delay.

It also directed the third respondent Commissioner of Examinations to look into the possibility of conducting paper marking after school without disrupting the functioning of the schools.

The court also directed the teacher unions to have discussions with the Secretary to the President and the Secretary to the Ministry of Education as soon as he is back in the island.

Respondent Sri Lanka United Teachers Union and Ceylon Teachers Union and Association of the Education Professionals were agreeable to the suggestion.

Wasantha Dharmasiri representing the Association of the Education Professionals who appeared in person submitted that their membership would cooperate if the salary anomalies of the Teacher services are resolved. He submitted that salaries of the Teacher Service were lower in comparison to that of the Sri Lanka Principals' Service and the Educational Administrative Service which could be resolved taking the basic salary of the graduates as the basis.

He submitted that the anomalies had been created after the issuance of a certain circular in 2005. He submitted that the commission should look into that issue.

Petitioner's Counsel Uditha Egalahewa moved to add Lanka Guru Sangamaya as a respondent.

Senior State counsel S. Bhari submitted that the final recommendations of the of the salary increases had been approved by the President. However, Counsel A.P. Niles submitted that issue had been pending before the President without any finality. He submitted that his clients' proposals had been submitted to the President.

Petitioners P.G.R. Senaka Bandara and his daughter, an Advanced Level student filed a rights application in the Supreme Court complaining the infringements of their individual rights and rights of the other Advanced Level and Ordinary Level students in general by the failure of the respondents to resolve the salary issues of the teachers and particularly the membership of the respondent teacher unions.

The petitioners submitted that due to their salary anomalies the members of the respondent unions refrained form applying for the Advanced Level paper marking which resulted in hindering the marking of the answer scripts in violation of the rights of the students including the petitioners.

The petitioner cited the Education Minister, Secretary to the Ministry, the Commissioner Examinations, chairman and the members of the Salaries and Cadre Commission and five teacher unions and the Attorney General as respondents.

Uditha Egalahewa appeared for the petitioners. A.P. Niles and A. Athurupana appeared for the respondent teacher unions. SSC S. Bhary appeared for the respondents. The hearing was put off for September 9. The Bench comprised Chef Justice Sarath N.Silva, PC and Justices Shirani Thilakawardane and Nimal Gamini Amaratunga.