Situation Report

18th June 2000

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Major changes in service code

President empowered to retain senior officers in same rank

President Chandrika Kumaratunga, this week made some significant changes in regulations covering the extension of services of officers of the Army, Navy and the Air Force.

Not withstanding any previous regulations, she is now empowered to retain in the same rank, the service of an officer presently holding the rank of a Brigadier or Major General. This is by extending the service of the officer, or by appointing him in his substantive rank, at the time of his retirement, beyond the age of 55 years or beyond the period stipulated in respect of such rank.

On June 11 (Sunday), President Kumaratunga, promulgated Regulations amending The Army Pensions and Gratuities Code of 1981 to give effect to the new changes. See box story on this page for the full text of the Regulations gazetted on Tuesday (June 13).

In terms of the new regulations, the President has been empowered to retain the services of an officer subject to the following conditions:

If the officer concerned holds an unblemished record of service and good conduct for a period of ten years immediately preceding such extension or re-appointment.

Provided, however, that the services of an officer should not be retained beyond six months from his reaching the age of 55 years.

Or exceeding a period of six months from the date of such extension or re-appointment, whichever is later.

Every officer whose services have been retained in terms of this regulation shall be placed in a Supplementary Post and such post shall be deemed to be suppressed upon such officer ceasing to function in such post.

The immediate outcome of President Kumaratunga's move was the immediate extension of the services of the Army's Chief of Staff, Major General Lionel Balagalle. He reached 55 years, the age of retirement, on 14th June, 2000.

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Some other senior officers in the Army in the ranks of Brigadiers and equivalent ranks in the other services will also benefit by the move.

According to highly placed Defence Ministry sources, Maj. Gen. Balagalle, will this week be appointed Deputy Commander of the Sri Lanka Army. On June 15 he ceased to be the Chief of Staff and Major General Janaka Perera, currently Overall Operations Commander (OOC) North was named to the post. However, he will assume office only tomorrow, considered an auspicious day.

Major General Neil Dias, Commander, Security Forces (Wanni) has taken over as Deputy Chief of Staff.

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However, just two days later, it was again decided that the office of the OOC should remain and Maj. Gen. Perera should continue. After formally assuming office tomorrow, he is due to leave for Jaffna later in the week to resume his substantive role. Maj. Gen. Perera reaches 55 years, his age of retirement, on January 31, 2001.

Lt. Lt. Gen. Weerasooriya was promoted to his present rank and appointed Commander of the Sri Lanka Army on December 16, 1998. Last year, he was given an extension of one year and that term is due to expire on December 15, 2000. The new regulations gazetted on Tuesday will expire on December 14, a day earlier than Lt. Gen. Weerasooria's extended term expires. It is also the date on which Maj. Gen. Balagalle's current extended term of six months will come to an end with the lapse of the new regulations.

Lt. Gen. Weerasooriya was away in Diyatalawa yesterday taking part in a passing out parade. Defence Secretary, Chandrananda de Silva, was the chief guest. On Tuesday, Lt. Gen. Weerasooriya, leaves for Pakistan on a goodwill visit and is due to meet his one time National Defence College colleague and now military ruler, General Pervaiz Musharaff.

Lt. Gen. Weerasooriya is expected to brief Gen. Musharaff on the prevailing military situation in the north. Pakistan is one of the countries in the forefront helping Sri Lanka with supplies of defence equipment for the stepped up fighting in the Jaffna peninsula. The visit is also being viewed as a measure of appreciation of Pakistan's support.

Whilst the lull in the battlefields of Jaffna peninsula continues (Censored)

Previous references made in these columns have been deleted by the Censor. (Censored) (Censored) (Censored) (Censored) (Censored) (Censored) (Censored) (Censored) (Censored) (Censored) (Censored) (Censored) (Censored) (Censored) (Censored) (Censored) (Censored) (Censored) (Censored) (Censored)

An Army delegation has also visited China with a shopping list which covered a variety of items (Censored)


The Gazette Notification

Here is the full text of the amendments made to the Army Pensions and Gratuities Code (1981) through a gazette notification on June 13.

REGULATION

The Army Pensions and Gratuities Code, 1981 made under Section 155 of the Army Act and read with Section 29 of that Act and with Article 44(2) of the Constitution and published in Gazette Extraordinary No 562/11 of June 15, 1989, as amended from time to time, is hereby further amended by the insertion immediately after regulation 3 of that regulation of the following new regulation:-

"3A. (1) Notwithstanding anything to the contrary contained in sub-paragraphs (a) and (b) of paragraph (1) of regulation 3 above, the President may, retain in the same rank, the service of an officer presently holding the rank of a Brigadier or Major-General, by extending the services of the officer in, or by re-appointing him in, his substantive rank, at the time of his retirement, beyond the age of fifty-five years or beyond the period stipulated in respect of such rank, as set out in the aforesaid regulation, if in the opinion of the President, it is essential in the interest of the Army so to do.

(2) The services of an officer may be retained in terms of paragraph (1), if the officer concerned holds an unblemished record of service and good conduct for a period of ten years immediately preceding such extension or re-appointment: Provided however that the services of an officer should not be retained beyond six months from his reaching the age of fifty-five years of exceeding a period of six months from the date of such extension or re-appointment, whichever is later.

(3) Every officer whose services have been retained in terms of this regulation shall be placed in a Supernumerary Post and such post shall be deemed to be suppressed upon such officer ceasing to function in such post". The provisions of this regulation shall continue to be in force for a period of six months from the date of the coming into operation of this regulation.

THE NAVY ACT (CHAPTER 358)

Regulation

The Navy Pensions and Gratuties Code, 1981 made under Section 161 of the Navy Act with Article 44(2) of the Constitution and published in Gazette Extraordinary No. 654/10 of March 20, 1991, as amended from time to time, is hereby further amended by the insertion immediately after regulation 3 of that regulation of the following new regulation:-

"3A. (1) Notwithstanding anything to the contrary contained in sub-paragraphs (a) of paragraph (1) of regulation 3 above, the President may, retain in the same rank, the service of an officer presently holding the rank of a Commodore or Rear Admiral by extending the services of the officer in, or by re-appointing him in, his substantive rank, at the time of his retirement, beyond the age of fifty-five years or beyond the period stipulated in respect of such rank, as set out in the aforesaid regulation, if in the opinion of the President, it is essential in the interest of the Navy so to do.

(2) The services of an officer may be retained in terms of paragraph (1), if the officer concerned holds an unblemished record of service and good conduct for a period of ten years immediately preceding such extension or re-appointment: Provided however that the services of an officer should not be retained beyond a period of six months from his reaching the age of fifty-five years or exceeding a period of six months from the date of such extension of re-appointment, which is later.

(3) Every officer whose services have been retained in terms of this regulation shall be placed in a Supernumerary Post and such post shall be deemed to be suppressed upon such officer ceasing to function in such post".

The provisions of this regulation shall continue to be in force for a period of six months from the date of the coming into operation of this regulation.

THE AIR FORCE ACT (CHAPTER 359)

Regulations

The Air Force Pensions and Gratuties Code, 1981 made under Section 155 of the Air Force Act read with Section 29 of that Act and with Article 44(2) of the Constitution and published in Gazette Extraordinary No. 645/8 of January 16, 1991, as amended from time to time, is hereby further amended by the insertion immediately after regulation 3 of that regulation of the following new regulation:-

"3A. (1) Notwithstanding anything to the contrary contained in paragraphs (2) and (4) of regulation 3 above, the President may, retain in the same rank, the service of an officer presently holding the rank of a Air Commodore or Air Vice Marshal by extending the services of the officer in, or by re-appointing him in, his substantive rank, at the time of his retirement, beyond the age of fifty-five years or beyond the period stipulated in respect of such rank, as set out in the aforesaid regulation, if in the opinion of the President, it is essential in the interest of the Air Force so to do.

(2) The services of an officer may be retained in terms of paragraph (1), if the officer concerned holds an unblemished record of service and good conduct for a period of ten years immediately preceding such extension or re-appointment: Provided however that the services of an officer should not be retained beyond a period of six months from his reaching the age of fifty-five years or exceeding a period of six months from the date of such extension or re-appointment, whichever is later.

(3) Every officer whose services have been retained in terms of this regulation shall be placed in a Supernumerary Post".

The provisions of this regulation shall continue to be in force for a period of six months from the date of the coming into operation of this regulation.

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