Sri Lanka News

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Non-promotion to rank of Major General challenged

By Leary Beekmeyer

Daily Mirror – The Supreme Court issued an interim order staying the operations of the decisions of the Army authorities with regard to the promotion of the petitioner to the rank of Major General and restraining the army from promoting any one who is junior to the petitioner over the petitioner until the determination of the application.

The Supreme Court bench comprised Chief Justice Sarath N Silva and Justices Nimal Gamini Ameratunga and Raja Fernando.

The petitioner Major General Nimal Ainsley Jayasuriya of Colombo 4, cited Major General Y.S.A. De Silva Military Secretary of the Sri Lanka Army, Brigadier S.H. Munasinghe Director –Army Medical Services and three others as respondents.

The petitioner presently holds the substantive confirmed rank of Brigadier in the Sri Lanka Army and now serves as the Area Commander of the Weli-oya operational area. The petitioner stated that at the time he completed his training in the Army and was commissioned in 1977, he was the youngest officer in the Army. As the youngest commissioned officer in the army at such time, he was also the youngest officer at the stage of each of his promotions, which was the case even up to the stage of his last promotion to the rank of Major General (Temporary). He represented, inter alia, the Army Rugby Football team until 1980. In 1980, he received a severe spinal injury whilst playing Rugby for the Army and thereafter continued to suffer from a severe backache. Thereafter, it was revealed through medical examination that the petitioner was suffering from ‘Spondylosis’ (Stress fracture) of the spine.

Even after prolonged periods of treatment under various medical specialists in Sri Lanka the backache recurred and he was unable to obtain any satisfactory medical relief. Accordingly, in 1985 with the assistance of Dr.Thurairajah he made the necessary arrangements to seek medical treatment in the U.K. In order to do so, the petitioner applied for overseas leave and volunteered to bear the costs/expenses of this treatment on his own, without imposing any financial burden on the army.

The petitioner stated that, much to his surprise, despite the explanations submitted by him, a formal charge was thereafter framed against him for alleged offence of being absent without leave for a period from November 4, 1985 to January 20, 1986.

He was found guilty and convicted of the offence on March 31, 1986 and was imposed with a punishment of a ‘severe reprimand’ as well as a loss of pay 77 days, save for the solitary conviction, the petitioner has not had any other blemishes in his entire military career up to date.

The petitioner stated that to his shock and surprise, he received a letter on the January 18, 2007 signed by first respondent that he has gone AWOL for 77 days from November 4, 1985 to January 20, 1986.

The petitioner claimed that the decision had been maliciously, deliberately and wilfully designed to bring about a hurried and complete end to the petitioner’s bright career in the army.

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March 22, 2007 - Posted by | International News, News and politics, South Asia

2 Comments »

  1. […] Non-promotion to rank of Major General challenged […]

    Pingback by SC orders immediate promotion of Maj. Gen. « Sri Lanka News | May 22, 2007 | Reply

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