HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2019 The Commission found a violation of article 12(1) of the Constitution and directed the Army Headquarters to pay the enhanced compensation due to the complainant and adjust the permanent disability pension accordingly. The complainant had been permanently disabled in the line of duty in the capacity of a Major in the Sri Lanka Army. At the time of disability, his percentage of disability was decided to be 40% by the Medical Board and compensation commensurate with such disability was recommended to be paid in addition to his salary and benefits until the age of 55 years. The complainant retired from service subsequent to the disability and his disability pension was also decided accordingly. As the officer was above the age of 55 at the time of retirement, no salary or benefits were due to him. However, he received compensation and the disability pension. Subsequent to retirement his disability worsened prompting the complainant to submit an appeal to the Army Commander requesting a fresh assessment of his disability. As a result, he was referred to another Medical Board, which pegged his disability at 60% and recommended an enhanced amount as compensation and a commensurate disability pension. However, this amount was not paid as the 1st Respondent contended that the complainant had already been paid the compensation due to his disability and reassessment by a second Board is not legally provided for nor had the Board taken account of the fact that the officer was above 55 years. The Commission noted that the initial medical assessment had found that the disability could have repercussions in the future. Therefore, it directed that the complainant be paid the enhanced compensation and the corresponding disability pension. The Commission also recommended the Army Commander to take necessary steps to review the laws and procedures in place to reassess disabilities incurred by military personnel in the line of duty at a future date in order to accommodate aggravated mental and physical disabilities. ▪ Non-payment of Employees Provident Fund (EPF) benefits, Employees Trust Fund (ETF) benefits, and Gratuity to retired plantation workers (Complaints No: HRC/K/364/13, HRC/4682/13, HRC/4683/13, HRC/4684/13, HRC/4685/13, HRC/4586/13, HRC/4687/13) 57