The Attorney General informed the Court of Appeal yesterday that the arrears of salaries and allowances due to Dr. Segu Shihabdeen Mohamed Shafi, a doctor at the Kurunegala Teaching Hospital, who was on compulsory leave on charges of performing infertility surgery, could be paid.
This was stated by Additional Solicitor General Sumathi Dharmawardena, who appeared on behalf of the Attorney General, with a letter issued by the Director General of Establishments of the Public Administration Ministry.
This was stated when the writ petition filed by Dr. Shafi seeking an order to pay his arrears of salary was taken up before a Bench of Justices Sobhitha Rajakaruna and Dhammika Ganepola.
Additional Solicitor General Sumathi Dharmawardena, appearing for the respondents in the petition, stated that action would be taken to pay the petitioner’s basic salary, allowances, cost of living allowance and additional allowances.
However, the Additional Solicitor General stated that he objected to the petitioner’s request against the Director of the Kurunegala Teaching Hospital Chandana Kendagamuwa conducting a preliminary disciplinary inquiry.
This was stated by Additional Solicitor General Sumathi Dharmawardena, when the counsels of Dr. Mohamed Shafi stated that they objected to the conduct of the preliminary disciplinary inquiry by the Director of the Kurunegala Base Hospital, Dr. Chandana Kendagamuwa.
Considering the facts, the petition was fixed to consider on May 31.
Kurunegala Teaching Hospital Director, Dr. Chandana Kendagamuwa, its former Director A.M.S.Weera Bandara, Health Minister Keheliya Rambukwella, Health Ministry SecretaryDr. S.H. Munasinghe and Health Services Director General Dr. Asela Gunawardena were named as the respondents in the petition.
The petitioner alleges that he was falsely accused of performing infertility surgery at the Kurunegala Teaching Hospital. The petition states that he was sent on compulsory leave on May 24, 2019 without any justifiable reason and was later re-instated.
According to the Establishments Code, the petitioner has made a written request to receive the arrears of salaries and allowances for the period of such compulsory leave. The petitioner alleges that the respondent is preparing to conduct an inquiry against him after requesting such arrears of wages and allowances and that it was an illegal and arbitrary decision.
Therefore, the petitioner requests the court to issue a writ order preventing him from conducting such an inquiry.
President’s Counsel Faiz Musthapha and attorneys Keerthi Tillekeratne, Hafeel Farisz and Pulasthi Rupasinghe appeared for the petitioner on the instructions of Attorney-at-Law Sanjeewa Kaluarachchi.
Additional Solicitor General Sumathi Dharmawardena and Medhaka Fernando appeared for the respondents.