Four
Army officers appeal against demotion
Four Army officers have petitioned the Court of Appeal seeking a
review of a decision by Army Headquarters to demote them to their
previous rank for failure to complete their required exams during
the stipulated period.
The
four are among 31 Army officers who will be affected by the decision
. The Court of Appeal this week granted time to the State to file
answers before May 5 and fixed the inquiry for May 9. The petition
was taken up before Justices Sarath de Abrew and K. Sripavan.
The
petitioners have cited the Army Commander, Commandant of the Army
Volunteer Force Headquarters, Defence Secretary, Commanding officers
of the second Wijayaba Infantry Regiment, Second Battalion Gemunu
Watch and the 11th Sri Lanka Sinha Regiment.
All
of them had joined as second lieutenants and been promoted as temporary
captains, but had had not been able to complete the required examination
during the stipulated eight year period mainly due to their services
in the operational areas, they petitioned. But, subsequently the
petitioners had been able to complete their required examinations
for their due promotions, but had been ignored despite their respective
commanding officers recommending their names.
The
first petitioner had been successful in the exam for promotion from
lieutenant to captain in 1997, been successful in the exam for promotion
from captain to major and had completed 17 years of service.
The
second petitioner had served in operational areas attached to special
units and passed the exam for promotion from lieutenant to captain
exam in 1998, passed the exam for promotion from captain to major
subsequently and also had 17 years of service.
The
third petitioner had passed his exam for promotion from lieutenant
to captain in 1996 and his exam for promotion from captain to major
in 1998.
The
fourth petitioner had sat the exam for promotion from lieutenant
to captain in 1998 and was referred in one subject which was completed
in 2002, but the delay in completing the exam was due to a mistake
in preparing the results.
The
petitioners have said the reasons for the delay in completing the
examination had not been considered and at least three of them had
not been informed about the time and venue of the examinations.
Two of the officers have been wounded in the battle front and had
been categorised as disabled officers, but their condition had not
been taken into consideration, the petitioners stated.
As
a result of the decision two of the officers will have to go on
compulsory retirement at the age of 45 years. The officers will
also not be entitled to a captain's pension. They have said that
due to being reverted to their earlier rank they would have to work
under junior officers, some of whom had been under them making it
difficult to continue their services.
The
officers have said only some officers who had not completed their
examinations in time had been penalised while some other officers
who had completed their examinations much later had been promoted.
Some
officers had taken as much as 18 years to complete their examination,
but had been promoted while other officers had taken between 12
and 16 years to complete their examination and been promoted, the
petitioners stated.
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