SC sets aside 48 promotions to posts of Excise Sergeants

 By S.S.Selvanayagam

The Supreme Court set aside the impugned 48 promotions to the post of Excise Sergeants pursuant to the Writ Petitions filed by 28 aggrieved Excise Guards who challenged the purported merit based scheme of recruitments. 

The Court held that the fundamental right to equality of the Petitioners has been infringed by the Commissioner General of Excise and awarded the petitioners the cost of Rs 5,000 each and Rs 100,000 as compensation. 

The matter was taken before the Bench comprising Chief Justice K.Sripavan, Justices Eva Wanasundera and Priyantha Jayawardane. 

Petitioners cited the Commissioner General of Excise, the Commissioner of Excise (Administration/Human Resources), The Secretary to the Ministry of Finance, the Secretary to the Ministry of Public Administration & Home Affairs, the Director General of Establishments, the Public Service Commission, the Attorney General and others as Respondents. 

Sanjeeva Jayawardane PC with Nishantha Sirimanne and Lakmini Warusewitane instructed by Asoka Niwunhella and Amarasuriya Associates appeared for the Petitioners. Senior State Counsel Rajitha Perera appeared for the State.