CA orders that Nursing Officers can work till 63

The Court of Appeal issued a Writ order yesterday (24) ordering the authorities including the Public Administration Minister to reinstate the nursing officers who retired at 60. The Court of Appeal issued a writ of certiorari invalidating the Government’s decision to make mandatory retirement of four grades of public service nurses at the age of sixty (60).

The Bench has also decided to extend the retirement age of nurses employed in the Grade One service, senior grade service, special grade service and executive grade to 63 years.

An order was issued invalidating the documents issued by the relevant authorities regarding the retirement of nurses at 60.

A Prohibition Writ was issued preventing the Cabinet’s decision to make public servants compulsory retirement age as 60 years, applying for nurses. This order was issued in relevant to nurses employed in the grade one service, senior grade service, special grade service and executive grade.

The write orders were issued by the Court of Appeal after examining two petitions filed by the Public Service United Nurses’ Union, Ven.Murutthettuve Ananda Thera, Nursing Officer Pushpa Ramyalatha de Soysa and others, demanding the annulment of the Cabinet decision on compulsory retirement at 60.

It is stated in the relevant decision that the Court while perusing the facts presented during the hearing of the petition found that according to the decision taken by the Government to retire the public servants at the age of 60 years, the retirement of the nurses resulted in a huge shortage of senior nurses in the health sector. Accordingly, it is stated that the Bench noticed that there have been vacancies of 1,000 nursing officers in the six months since 2023. 3.31.

It is stated in the judgement that these vacancies have arisen due to the retirement and migration of trained senior nurses and it was brought to the attention of Court that due to the shortage of trained and senior nurses, a difficult situation has arisen in government hospitals. The judgement says that it may cause a serious crisis in the field of health.

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