A teacher who went abroad during part of their service period will have their lost pension restored.

The Court of Appeal has nullified the decision taken by the Director General of Pensions to suspend the pension of a retired Catholic Brother teacher on the grounds of leaving the country without informing the authorities. Accordingly, the court has issued a writ order to the Director General of Pensions, ordering the immediate payment of the pension to the said retired teacher.

This decision was announced after hearing a writ petition filed by the retired teacher Brother Sinnappu Selladorai. The petition was heard before a bench of Court of Appeal judges comprising Justices Dhammika Ganepola and Aditya Patabendige, with the Director General of Pensions and the Secretary to the Ministry of Education, among others, named as respondents. The decision was announced by Court of Appeal Judge Aditya Patabendige with the concurrence of Justice Dhammika Ganepola.

While serving as a teacher, the petitioner had left for Pakistan for service without any official notification and later returned to Sri Lanka and rejoined service as a teacher at St. Xavier's College, Mannar. The court decision states that while he was serving there, he received pension approval, and after completing 60 years of age, he duly retired. However, when he applied for his pension, the respondent Director General of Pensions rejected the payment, stating that by leaving service without prior notice on an earlier date, he had acted contrary to the Establishments Code. Aggrieved by this decision, the petitioner had also complained to the Human Rights Commission of Sri Lanka.

During the hearing of the petition, President's Counsel Mr. Geoff Alagaratnam, appearing for the petitioner, pointed out that his client had not received any official letter stating that he was considered to have left service due to his unannounced departure abroad, and therefore, he had not violated the Establishments Code in any way. However, Senior State Counsel Dr. Peeshan Gunaratne, appearing for the respondents, argued that due to his departure to Pakistan without prior notification to the authorities, he had no legal entitlement to receive a pension.

Having considered all the facts presented and the precedent case law, the bench of judges decided that the Director General of Pensions had not acted in accordance with the principles of natural justice when making decisions regarding the petitioner. Accordingly, the Court of Appeal nullified the letter issued depriving the petitioner of his pension and issued a writ order to the Director General of Pensions, instructing him to take immediate steps to pay the pension due to him.