2/. As to the general question raised in para 182 of the despatch - Certain officers were granted certain increases of salary from a certain date. Therefore, if such an officer is entitled from that date to the date of his leaving to his increase of salary, unless there was some express provision or declaration depriving him of the increase in whole or in part in the event of his leaving the service before a certain date. There does not appear to have been such a condition here. Therefore, I am in agreement with the Acting Colonial Treasurer, Mr. Johnson.
JS.R. 7/3 - You asked me to consider how the decision on arrears of increased salary would affect this case, and whether it would affect the grant of Pension. There will be a difference between voluntary resignation and retirement on pension; and perhaps the decision on 36106/01 is relevant (see also 23432/01). The increases of salary were approved on 19 July 1901 (vide 25037/99 and 16701/00).
A.F. 11/3 - Please see Mr. Risley's note on 36106/01. The fact that this man resigned entirely of his own accord in order to enter private employment seems to be relevant. The increases were approved subject to approval by the Legislative Council.
Gus 11/3 - M. Johnson - The case of Gibbs (36106/21) seems to me distinguishable from that of this officer. In the former, the increase was only given after the officer had left the service, and he was clearly not entitled to the benefit of its retrospective operation. In the latter, if I have the facts correctly, the increases were given whilst the officer was in the service, but the actual amount of the increases was not definitely settled until after he had resigned.
His claim was refused on the ground that he did not apply, whilst in the service, for the increase. He could not apply until he knew how much he was entitled to, and he did not and could not obtain that knowledge until after he had left the service.
I think he is entitled to his pay up to the moment of his leaving the service. It is not affected by the fact that he voluntarily resigned his office. If he had remained in the service, he would have been allowed the increases.
84913/3 (B & L (x) — 46569----3000-8-01) - An officer does not lose pension by voluntary resignation, but not pay.
Mr. Lucas 2.S.R.12/3 - Perhaps we may be guided by the decision taken on this point in the case of 33361/00.
C.P.L. sw/13/3 14
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