453
In 500
883/80
termination of his leave of absence, of alimentary allowance at the rate of ₤1200 per ...
Ammun-Qulyect to adjustment of hereafter when the amount his pension Shall have been fixed,
"The attention of the govern... should at the same time be drawn to the desirability of amending the Pension Minute, so as at least to cure the defect above pointed out; and copy of the Ceylon Minute on Judges pensions, of 30th August 1876, should be forwarded to him, showing the grounds which have decided to deal with judges pensions in that manner.
MINUTE BY THE GOVERNOR.
1. UNDER instructions from the Right Honourable the Secretary of State, His Excellency the Governor is pleased to direct that the following Regulations for the grant of pensions to Judges of the Supreme Court be substituted for those laid down in the Minute of the 5th December, 1846, which is hereby cancelled, together with the 6th and 7th sections of the Minute of July 26th, 1861, and the second paragraph of the Minute of February 13th, 1863.
2. In the event of a Judge being compelled by ill-health to retire after a service of seven years he will be entitled to a pension of one-fourth of his salary; each subsequent year's service will entitle him to an increase at the rate of one-thirty-second part of his salary, until the maximum of one-half is reached after the 15th year.
The following will thus be the rates which will be granted:--
After seven years' service 8-32nds of salary.
eight9-32 nine10-32 ten11-32 eleven12-32 twelve13-32 thirteen14-32 fourteen15-32 fifteen16-323. Judges raised to the Bench from other civil employment in Ceylon will, on retirement after serving seven years as Judges, be allowed to claim pension on whichever scale they may elect, i.e., on the scale of thirty-second part of the salary for service in excess of seven years on the Supreme Court Bench only, or at ordinary pension rates for the whole of their service. Provided however that the maximum pension now attainable by Judges of the Supreme Court be in no case exceeded, and provided further that a Judge raised to the Bench from other civil employment in Ceylon, who has served 10 years in all but has not served as Judge for seven years, will be allowed to receive a pension computed on his whole service, and on the rate of salary he drew in his previous employment in Ceylon; but with the limitation that his pension shall not exceed that now attainable by Judges of the Supreme Court whose service in Ceylon has been confined to the Bench.
4. To a Judge who has no previous service, who may retire before completion of seven years' service, no pension will be granted.
5. No Judge will be held to have an absolute right to compensation for past services or to a pension under this Minute, and no pension will be granted without the authority of Her Majesty's Government, in order to obtain which certificates of service, age, and the grounds of retirement will be submitted to the Secretary of State.
6. The Government reserve to themselves the power, in the case of all Judges who may hereafter be appointed, to require them on or after attaining the age of sixty, if they should appear unequal to further continued work, to retire on a pension. Judges so retiring will be permitted for pension purposes to add three years or less to their actual service, provided that the maximum pension attainable under ordinary circumstances be not exceeded.
Colonial Secretary's Office, Colombo, 30th August, 1876.
By His Excellency's Command,
ARTHUR N. BIRCH,
Colonial Secretary.
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