Kurunegala Magistrate and Additional District Court Judge, Bandula Gunaratna, has filed a fundamental rights petition before the Supreme Court, calling for the establishment of a transparent, consistent, and logical system for promotions and granting leave for judicial officers to serve abroad.
Gunaratna has stated that the Judicial Services Commission (JSC) does not treat all judicial officers who return to Sri Lanka after serving abroad equally. In his petition to the Supreme Court, Magistrate Gunaratne has claimed that the JSC lacks a clear framework for recruitment or promotions.
The Kurunegala Magistrate has named the JSC, its members, its Secretary, the Attorney General, and 46 Magistrates, as respondents in the case. Gunaratna took his oaths in 2004 and joined the judiciary in 2008. He has served in different parts of the country. He also served in Fiji with permission from the JSC. Typically, the JSC considers the period during which a judge serves abroad with its approval as part of his or her service duration; however, in Gunaratna’s case, the years he spent in Fiji have not been counted towards his service.
Gunaratna has said he has repeatedly urged the JSC to include the time he served in Fiji in his overall service record, but his requests have been ignored. As a result, several of his juniors have surpassed him in terms of promotions. He argues that his fundamental rights have been violated due to the JSC’s unequal treatment of judicial officers who serve abroad.
