The Court of Appeal yesterday fixed the writ petition filed by Dr. Seygu Shihabdeen Mohamed Shafi of the Kurunegala Teaching Hospital seeking an order to pay his salary arrears to consider on February 17.
The petition was taken up before a bench of Court of Appeal Justices Sobhitha Rajakaruna and Dhammika Ganepola.
Additional Solicitor General Sumathi Dharmawardena appearing for the respondents in the petition, stated that he had received the petition and the relevant documents the previous day and requested some time to study those documents.
Court allowed the request and decided to call the petition at another date.
Kurunegala Teaching Hospital Director, Dr.Chandana Kendagamuwa, former Director A.M.S. Weera Bandara, Health Minister Keheliya Rambukwella, Health Ministry SecretaryDr. S.H. Munasinghe and Health Services Director General Dr. Asela Gunawardena are named as the respondents in the petition.
The petitioner alleges that he was falsely accused of performing infertility surgery while working at the Kurunegala Teaching Hospital. The petition states that he was sent on compulsory leave on May 24, 2019 without any justifiable reason and was later re-instated.
According to the Establishments Code, the petitioner has made a written request to receive the arrears of salaries and allowances for the period of such compulsory leave. The petitioner alleges that the respondent is preparing to conduct an inquiry against him after requesting such arrears of wages and allowances and that it was an illegal and arbitrary decision.
The petitioner requests Court to issue a writ order preventing him from conducting such an inquiry.
President’s Counsel Faiz Musthapha and attorneys Keerthi Tillekeratne, Hafeel Farisz and Pulasthi Rupasinghe appeared for the petitioner on the instructions of Attorney Sanjeewa Kaluarachchi.