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| Sunday, 19 January 2003 |
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Stay order on Defence Secy., Army Chief : Top level Army promotions suspended by Ramani Kangaraarachchi All top level promotions in the Army are being suspended as a result of the renewal of the stay order issued by the Court of Appeal on 6th January, 2003 restraining the Defence Secretary and the Army Commander from recommending any promotion to the rank of Temporary Major General and confirmation of Temporary Major General D. Ratnasabapathi. The stay order was extended till February 10 as a result of the Army Commander and Attorney General being unable to file objections in a case first called on 17 October 2002. Since then the case had been taken up five times upto 6 January. The court issued the order on a writ application filed by Brigadier Colvin Jayaratne citing 16 respondents including the Defence Secretary Austin Fernando and the Army Commander Lt. Gen. Lionel Balagalle. The petitioner said that he was enlisted to the Army in 1973 and was promoted to the rank of Brigadier in July 1996 after successfully completing a number of military courses. He had served as the Area Commander in Mannar from 10 July 2000 to 8 July 2002 . After his term of duty in a post that should have been held by a Major General for two years, he was transferred to the Army Headquarters (AHQ) on July 8, 2002 and appointed as Principal Staff Officer of the Sri Lanka Army Volunteer Force HQ, which post should be held by a Brigadier. He said that he was verbally informed that the Advisory Board appointed by the Army Commander had decided that he should not be recommended for the next promotion due, but instead asked to retire from the Army on a date he desires or on the date of reaching maximum in the rank, or whichever comes first. He had submitted an appeal to the President through the Army Commander explaining his eligibility and entitlement to be promoted as a Major General since there was no response to his earlier appeal addressed to the Army Commander. The bench comprised the President of the Court of Appeal Justice Nihal Jayasinghe, and Justice K. Sri Pavan, Mr. Wijedasa Rajapaksha, PC, and Ranjith Meegaswatte, PC, appeared for the petitioner and Mr S. Ratnayake for the respondents. Captain Saman Kumara represented the Army. |
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