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EPDP
Information (12th August 2002)
Relief
to Public Officers, Local Government Employees and Corporation Employees who
had lost Employment after July 1983 due to the Situation that prevailed in the
Country
The
ethnic violence of July 1983 resulted in large-scale displacement of public
officers, local government employees and corporation employees, mainly Tamils.
Many employees were compelled to resign or vacate their posts owning to fear
of violence and insecurity. Many employees who had gone abroad did not return
due to similar fears.
After
the signing of the Indo-Sri Lanka Agreement on 29th July 1987, many
displaced persons began to return to their homes, both from within the country
and from outside. The only relief that the Government of the day provided
these employees was the issuing of PA Circular No. 14/88 on Resumption of
Duties by Displaced Public Officers and Corporation Employees to enable a
public officer, a local government employee or a public corporation employee
who had been displaced as a result of ethnic violence to resume duties.
Only
a few employees benefitted by the application of this Circular, as there was
definite reluctance on the part of the authorities to use their discretion and
accommodate the applications.
The
Government in October 1990, issued PA Circular No. 44/90 to grant the
concession of retirement from the public service to all categories of public
officers who had completed 10 years of pensionable service. Some of the
officers affected by ethnic violence in 1983 made use of this opportunity and
sought permission for resumption of duties followed by retirement.
Subsequently,
the Government issued amended PA Circular No. 14/88(i) following the decision
of the Cabinet of Ministers taken on 18.09.1991. This amended Circular had
substituted the words displaced due to terrorist violence and threats in
place of displaced as a result of ethnic violence in the original
Circular. Further, the amended Circular also stipulated that an application
for the option to retire by an affected officer may be considered in
accordance with existing rules.
The
amended Circular did not provide the desired benefit to the affected
employees. A large number of them continue to languish for want of any relief
whatsoever. Applications made by affected officers for resumption of duties or
for option to retire under the provisions of amended PA Circular No. 14/88(i)
too were turned down stating that they were time-barred. Even appeals made to
the Public Service Commission did not provide any relief.
In
January 2001, when EPDP leader K. N. Douglas Devananda was the Minister of
Development, Rehabilitation and Reconstruction of the North, and Tamil Affairs
North and East, he submitted a memorandum to the Cabinet of Ministers seeking
approval for an employee below the age of 60 on 01.01.2000 to resume work on
application made by the employee, the period of absence of the employee being
deemed as period of special leave with incremental credit and automatic
promotion (grade to grade), if any, granted as if the employee was in actual
service but without payment of backwages. An employee above the age of 60
years or an employee who is unable to resume work for reasons beyond his
control was to be permitted to retire with pension.
The
Cabinet of Ministers appointed a Committee of the Officials to study the
problem and report. At the meeting for the Cabinet of Ministers held on 15th
November 2001,the Cabinet approved the recommendation of the Committee of the
Officials to permit employees below the age of 60 to resume work and employees
above the ages of 60 and employees below the age of 60, but unable to resume
work for justifiable reason to be awarded pension. Affected employees of
corporations were to be granted gratuity.
Although
the Cabinet of Ministers under the last regime had taken the decision in
November 2001, the relevant Public Administration Circular has not been issued
to date. The EPDP leader has been pressing the Prime Minister to get the
Circular issued. Once the Circular is issued, the EPDP would give the
necessary publicity.
In
the meantime, the Ministry of Rehabilitation, Resettlement and Refuges has
requested affected public officers, local government employees and corporation
employees to provide the necessary information. We reproduce below the
relevant press notice issued by the Ministry of Rehabilitation, Resettlement
and Refuges dated 7th August 2002. Affected employees may fax the
particulars to the Ministry at 94-1-382066.
_________________________________________________________________
Ministry
Notice (dated 7th August 2002)
Ministry of Rehabilitation,
Resettlement and Refuges
Information
regarding Public Officers, Local Government Employees and Corporation
Employees who had lost employment after July 1983 due to the situation (ethnic
disturbance) that prevailed in the Country
The
Ministry of Rehabilitation, Resettlement and Refugees intends to collect
information regarding Public Officers, Local Government Employees and
Corporation Employees who had lost employment after July 1983 due to the
situation that prevailed in the country at that time.
All
Public Officers, Local Government Employees and Corporation Employees who had
lost employment after July 1983 due to the situation that prevailed in the
country are requested to furnish the following information:
1.
Name and Address
:
2.
Department/Local Body/Corporation
where worked last :
3.
Date of 1st appointment
:
4.
Post held and date of leaving the employment :
.........................................
5.
Date of Birth and age as at 01.01.2000 :
...................................
6.
Whether application for re-instatement in terms of PA Circular No.
14/88 has
beenmade and refused, if so date and reference No.:
...........................
7.
Duration in the Public Service, Local Government Service and
Corporation
Service :
All
Public Officers, Local Government Employees and Corporation Employees who had
lost employment after July 1983 are kindly requested to forward the above
details to Mr. T. Kumaradasan, Additional Secretary of this Ministry before
30.08.2002.
A. Jeyaratnam,
Secretary
Ministry of Rehabilitation, Resettlement and Refuges
Ministry
of Rehabilitation, Resettlement and Refuges,
4th
Floor, No. 14, Sir Baron Jayatillake Mawatha,
Colombo
01.
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