• Petitioners are Specialist Consultants in varied fields of medicine
• The Court observed that it is the duty of the public authorities not to defeat the legitimate expectations without having some reasons

By Lakmal Sooriyagoda  

 The Court of Appeal yesterday issued an order extending the retirement age of all Doctors to 63 years.    The Court of Appeal two-judge-bench comprising Justices Nissanka Bandula Karunaratne and Vikum Kaluarachchi made this order consequent to a writ petition filed by 176 consultant specialist doctors challenging the decision of the Cabinet of Ministers dated 17-10-2022.   

The Court observed that a judicial review might be applied when authorities violate the legitimate expectations. The Court further observed that it is the duty of the public authorities not to defeat the legitimate expectations without having some reasons.  

 The petitioners are Specialist Consultants in varied fields of medicine including Cardiology, Cardio-Thoracic Surgery, Oncology, Neurology, Obstetrics and Gynaecology, Haematology, Ophthalmology, Histopathology, Anaesthesia, Paediatrics and Otorhinolaryngology.   

They challenged the decision of the Cabinet of Ministers dated 17-10-2022, since this decision has been made illegally and in complete violation of their legitimate expectation to continue in service at least until 63 years of age.   

President’s Counsel Sanjeeva Jayawardena and Romesh de Silva PC appeared for the petitioners. 
Senior Counsel Ravindranath Dabare appeared for the GMOA.