HUMAN RIGHT COMMISSION OF SRI LANKA - Annual report 2020
contravening the established procedure the order was made to take effect
from the date of the order rather than from the date of the wrongdoing,
which resulted in the period of punishment being calculated from 20102013 instead of from 2008-2011. The Petitioner contended that such
deviation from established procedure led to the petitioner being deprived of
multiple opportunities for promotions and thereby salary increments. The
respondents admitted that the enforcement of the disciplinary order should
have taken effect from the date of wrongdoing and informed the Commission
that the respondent had already obtained the advice of the Public Service
Commission on the correct procedure. The Commission found that said
conduct of the respondent was in violation of procedure stipulated under
Section 23.9, Chapter XLVIII of Volume II of the Establishments Code; Section
186(2) of Chapter VIII of the Procedural Rules No. 1589/30 dated
20.02.2009 of the Public Service Commission; and provisions of Circular No.
03/2015 of the Public Service Commission. The Commission recommended
the petitioner to be promoted to the post of “Assistant Labour
Commissioner” and to backdate the promotions leading up to the said
position. It further recommended salary and other allowances to be awarded
to the petitioner accordingly. The Commission did not find a violation of
Article 14(1)(g) of the Constitution, as pleaded by the petitioner.
Computation of Pension of permanently disabled public
servants (HRC/3397/17)
Responding to a complaint made by 20 petitioners who were permanently
disabled consequent to the terrorist attack on the Central Bank of Sri Lanka
on 31. 01. 1996 the Commission found a violation of Article 12(1) of the
Constitution pertaining to the enforcement of the pension scheme stipulated
by Circular No. S/N/COM/C/1 dated 13.10.1996. The petitioners before the
Commission were among the 28 people who were permanently disabled
consequent to the said terrorist attack. Taking the special circumstances into
consideration, the respondent Central Bank introduced a special pension
structure under which the petitioners had the choice to opt for one out of
two schemes proposed. The petitioners have chosen scheme ‘D’ (“ඈ”). Under
the said scheme, the petitioners were hypothetically deemed to have
reached the age of retirement of 55 years and the pension had been
calculated by taking into consideration the basic salary increments that the
petitioners were entitled to receive until they reached the age of 55. The
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