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Dr. Shafi Shihabdeen files writ petition claiming salary with back-wages
Dr. Shafi Shihabdeen, who was at the centre of the controversy surrounding the alleged sterilisation of female patients has filed a writ petition seeking an order directing authorities to pay the salary due and payable to him including back-wages.
The Petitioner, a gynecologist attached to Kurunegala Teaching Hospital said he has been arbitrarily and unlawfully placed under compulsory leave from his employment without just cause and without legal authority.
Director of Kurunegala Teaching Hospital Dr. Chandana Kendangamuwa, Dr. A. M. S. Weera Bandara Former Director of Kurunegala Teaching Hospital, Health Minister Keheliya Rambukwella, Secretary to the Ministry of Health Dr. S. H. Munasinghe, Director General of Health Services Dr. Asela Gunaratne were named as respondents.
The petitioner said he was a victim of a hateful, malicious and racially charged campaign that he was alleged of conducting sterilization procedures on females which would render females being barren.
The petitioner stated that said allegations have been disputed as being unscientific and false contemporaneously by experts in the field of Gynecology and Obstetrics including Obstetricians and Gynecologists (VOGs).
The petitioner states that in terms of section 20.2 of the Establishments Code he is entitled to receive his salary during the period within which he is on compulsory leave.
The Court of Appeal two-judge-bench comprising Justice Sobhitha Rajakaruna and Justice Dhammika Ganepola fixed the petition to be taken up for support on February 17.
Additional Solicitor General Sumathi Dharmawardena PC appearing for the Attorney General sought further time to peruse the material pertaining to the petition.
President's Counsel Faiz Mustapha with counsel Pulasthi Rupasinghe, Hafeel Farisz instructed by Sanjeewa Kaluarachchi appeared for the petitioner. (Lakmal Sooriyagoda)
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