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Four Army officers appeal against demotion
Four Army officers have petitioned the Court of Appeal seeking a review of a decision by Army Headquarters to demote them to their previous rank for failure to complete their required exams during the stipulated period.

The four are among 31 Army officers who will be affected by the decision . The Court of Appeal this week granted time to the State to file answers before May 5 and fixed the inquiry for May 9. The petition was taken up before Justices Sarath de Abrew and K. Sripavan.

The petitioners have cited the Army Commander, Commandant of the Army Volunteer Force Headquarters, Defence Secretary, Commanding officers of the second Wijayaba Infantry Regiment, Second Battalion Gemunu Watch and the 11th Sri Lanka Sinha Regiment.

All of them had joined as second lieutenants and been promoted as temporary captains, but had had not been able to complete the required examination during the stipulated eight year period mainly due to their services in the operational areas, they petitioned. But, subsequently the petitioners had been able to complete their required examinations for their due promotions, but had been ignored despite their respective commanding officers recommending their names.

The first petitioner had been successful in the exam for promotion from lieutenant to captain in 1997, been successful in the exam for promotion from captain to major and had completed 17 years of service.

The second petitioner had served in operational areas attached to special units and passed the exam for promotion from lieutenant to captain exam in 1998, passed the exam for promotion from captain to major subsequently and also had 17 years of service.

The third petitioner had passed his exam for promotion from lieutenant to captain in 1996 and his exam for promotion from captain to major in 1998.

The fourth petitioner had sat the exam for promotion from lieutenant to captain in 1998 and was referred in one subject which was completed in 2002, but the delay in completing the exam was due to a mistake in preparing the results.

The petitioners have said the reasons for the delay in completing the examination had not been considered and at least three of them had not been informed about the time and venue of the examinations. Two of the officers have been wounded in the battle front and had been categorised as disabled officers, but their condition had not been taken into consideration, the petitioners stated.

As a result of the decision two of the officers will have to go on compulsory retirement at the age of 45 years. The officers will also not be entitled to a captain's pension. They have said that due to being reverted to their earlier rank they would have to work under junior officers, some of whom had been under them making it difficult to continue their services.

The officers have said only some officers who had not completed their examinations in time had been penalised while some other officers who had completed their examinations much later had been promoted.

Some officers had taken as much as 18 years to complete their examination, but had been promoted while other officers had taken between 12 and 16 years to complete their examination and been promoted, the petitioners stated.

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