The Supreme Court has ruled that the Secretary to the Ministry of Transport, Highways, Ports and Civil Aviation violated the fundamental rights of a senior Sri Lanka Administrative Service (SLAS) officer by preventing him from assuming duties in a post to which he had been officially appointed.

In a judgment delivered on 19 May 2026, the Court held that Professor Kapila Perera acted arbitrarily and interfered with powers vested in the Public Service Commission (PSC), violating the petitioner’s rights under Article 12(1) of the Constitution — the equal-protection guarantee.

The petitioner, W.S. Sathyananda, a Special Grade SLAS officer with nearly 30 years of service, had been appointed Additional Secretary to the Ministry of Transport in December 2024. According to the petition, after reporting for duty, he received a message from the Ministry Secretary stating that another officer had already been identified for the post.

When Sathyananda later reported to the Ministry again, he was allegedly told his services were not required and asked to leave. He subsequently returned to the Ministry of Public Administration’s “Officers Pool” before later receiving another appointment.

The Court observed that appointments and transfers of public officers fall under the constitutional powers of the PSC and not ministry secretaries. Any attempt to interfere with or assume those powers, the bench held, undermines the rule of law and public trust.

The judgment further noted that the Secretary’s actions affected not only administrative procedure but also the dignity of the petitioner as a public officer. While the Court declined to award compensation or costs, it stated that no amount could restore the “loss of dignity, embarrassment and humiliation” the petitioner had suffered.

Justice Arjuna Obeyesekere delivered the judgment, with Justices Sobhitha Rajakaruna and Janak de Silva concurring. The Court cited Extraordinary Gazette No. 2310/29 of December 14, 2022, and Rule 107 of the Public Service Commission Procedural Rules, which vest the authority to appoint Additional Secretaries with the PSC. Under Section 61 of those rules, interference with PSC decisions can attract a fine of up to Rs. 100,000 or up to seven years’ imprisonment.

Sources: Newswire, Ada Derana.