CONFIDENTIAL
"Bench a Judge whose professional experience was of a different
kind from that of the average öervice Judge. The question of fair treatment for Service Judges is, of course, subsumed in Bir zichɛel Gass' condition (c).
"If members of the local Bar were henceforth to be considered pari pasnu with members of the Bervice for promotion to the Supreme Court Bench this would, I think, give members of the Service a legitimate grievance that might justify them in asking for compensation for loss of career prospects, ar Sir Michael enviærges, But if such appointments were to be made only occasionally so that the Bench contained only one or at the most two non-service sppointees at any one time, a claim for compensʊtion by members of the Judicial and Legal 8ervices on the ground that their career prospects had been materially prejudices would not in my opinion be justifiable, for the positica would not in any way be analogous to the localisation schemes that have been held to justify compense- tion in other territories
"On pansiona Sir Michael Quas observes that it would cruso
considerable resentment in the Service if a directly appointed Judge wure to be offered "terna of service better than those
available to serving officera”. To describe the terms as "better" is, with respect, a complete misrepresentation of the position. If one asks a member of the practising Bar to leave his practice and go onto the bench when he is, say, in his fiïties or late forties, one cannot in fairness expect him to accept pension arrangements designed for people who will have thirty years or more of pensionable service by the time
they retire, It is not therefore a case of according the directly appointed Judge "better" pansion terms thần other people but of modifying the general pension terms to mare that such a Judge receives fair treatment having regard to the
fact that his actual service must in the nature of things be
very much shorter than that of an ordinary member of the
Judicial Service."
/ 8.