24 March 2022 09:22 am Views - 219
By Lakmal Sooriyagoda
The Attorney General yesterday informed the Court of Appeal that the Ministry of Public Services has given its approval to pay the salary and allowances payable to Dr. Shafi Shihabdeen, for the compulsory leave period.
Additional Solicitor General Sumathi Dharmawardena PC appearing for the Attorney General made these remarks pursuant to a writ petition filed by Dr. Shafi Shihabdeen, who was at the centre of the controversy surrounding the alleged sterilization of female patients. The Director-General of Establishment at the Ministry of Public Services stated that the basic salary, interim allowance, cost of living, and allowance in lieu of pension could be paid to Dr. Shafi Shihabdeen, for the compulsory leave period.
However, the Director-General of Establishment in his letter to the Health Ministry Secretary stated that telecommunication allowance and attendance allowance will not be paid to Dr. Shafi Shihabdeen.
Meanwhile, Additional Solicitor General Sumathi Dharmawardena PC raised objections regarding an application by the petitioner seeking an undertaking not to conduct the preliminary inquiry before Director of Kurunegala Teaching Hospital Dr. Chandana Kendangamuwa.
The Court of Appeal two-judge-bench comprising Justice Sobhitha Rajakaruna and Justice Dhammika Ganepola fixed the petition for support on May 31.
The petitioner, a gynecologist attached to Kurunegala Teaching Hospital said he has been arbitrarily and unlawfully placed under compulsory leave from his employment without just cause and without legal authority.
Director of Kurunegala Teaching Hospital Dr. Chandana Kendangamuwa, Dr. A. M. S. Weera Bandara Former Director of Kurunegala Teaching Hospital, Health Minister Keheliya Rambukwella, Secretary to the Ministry of Health Dr. S. H. Munasinghe, Director General of Health Services Dr. Asela Gunaratne were named as respondents.
The petitioner said he was a victim of a hateful, malicious and racially charged campaign that he was alleged of conducting sterilization procedures on females which would render females being barren. The petitioner stated that said allegations have been disputed as being unscientific and false contemporaneously by experts in the field of Gynecology and Obstetrics including Obstetricians and Gynecologists (VOGs).
The petitioner states that in terms of section 20.2 of the Establishments Code he is entitled to receive his salary during the period within which he is on compulsory leave.
Additional Solicitor General Sumathi Dharmawardena PC with State Counsel Medhaka Fernando appeared for the Attorney General.
President's Counsel Faiz Mustapha with Counsel Pulasthi Rupasinghe, Hafeel Farisz instructed by Sanjeewa Kaluarachchi appeared for the petitioner.