The Supreme Court ruled that the Education Ministry Secretary had violated former Nakkawatta National School Principal K.D.Bandulani Basnayake’s fundamental rights by transferring her to the Provincial Education Department without giving any reason, against the rules of the Public Service Commission, in 2016.
The Supreme Court ordered the government to pay a compensation of Rs.100,000 and a court fee of Rs.50,000 to the petitioner.
After hearing a petition filed by the principal challenging her transfer, Supreme Court Justice Janak De Silva announced the decision with the concurrence of Justices Buwaneka Aluwihare and Achala Wengappuli.
The petitioner said that when she was appointed as the principal of Nakkawatta National School, the administration of the school had become a mess and after working hard, she upgraded the school to an “A” grade school.
The petitioner said that the Education Secretary transferred her to the North-Western Provincial Education Department with the approval of the Public Service Commission on August 10, 2016 without any valid reason.
Announcing the verdict, the Supreme Court said that the respondents have failed to record a statement from the petitioner before making this transfer, thereby violating Public Service Commission Regulation 221.
The court further said the Education Ministry Secretary has violated fundamental rights of the petitioner and accordingly, ordered the government to pay the relevant compensation and legal fees.
Fourteen people including the Secretary of the Ministry of Education have been named as respondents in this petition.
(AdaDerana)
