PUBLIC RECORD OFFICE
Reference :-
TPELLIC.O. 882
9
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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say that the post which he occupies is to be classed as pensionable or not pensionable, I think it will be a pity, and I feel sure that it will lead to trouble and the raising of very inconvenient claims, which have hitherto been avoided. Should, however, that be done, and one agreement holder be told his office is pensionable and he will receive double compensation, while another is told the contrary, you will, I think, agree with me, that all those who are placed in the latter list will feel very badly treated, and spend their time in writing petitions for the redress of what will appear to them gross injustice.
7. I shall endeavour to carry out your instructions, but I am inclined to think that it might be simpler, and perhaps more advisable, to give double compensation to all those Officers who would be likely to draw it if they were not serving on agree- ment. In any case I shall avoid, as far as possible, any statement that the office held by a person under agreement is, or will be, a pensionable office.
8. I referred the draft of this despatch to Mr. Taylor, the Colonial Secretary, and he has sent me a Minute, of which I now enclose a copy.
Enclosure 1 in No. 80.
I have, &c.,
F: A. SWETTENHAM.
MINUTE by the Acting Attorney-General, dated 17th January, 1902. COLONIAL SECRETARY,
PARAGRAPH 2 of Mr. Crawford's Agreement runs as follows:-
"The Government will pay salary to the said surveyor at the rate of $2,400 per annum, together with Exchange Compensation computed in accord- ance with the rules for the time being governing the payment of such allowance to Officers in the Selangor Government Service."
2. I think that the words "for the time being" mean during the time the Agreement is in force, and if the Government has increased the Exchange Compensa- tion in the case of other Officers receiving silver salaries, I should say that it was bound to increase it in the case of Mr. Crawford also.
3. There appear also, from the paper marked "B," to be some Officers whose agreements use the words "Exchange Compensation as provided by Government Orders."
4. These Agreements are much more difficult to construe than that of Mr. Crawford, because the words "for the time being" are not used, and the language of the Agreement is itself obscure and vague.
5. After carefully considering the matter, I have come to the conclusion that the absence of the words "for the time being" is fatal to the claim of these officers.
6. It seems to me that the expression "Exchange Compensation Allowance as provided by Government Orders" has the effect of incorporating in the Agreement the provisions of the Government Orders which were in force at the date when the Agree- ment was made. If these Orders did not provide for double compensation, then I think the claim to it must fail.
Enclosure 2 in No. 80.
T. H. KERSHAW.
MINUTE by the COLONIAL SECRETARY, dated 18th July, 1902.
In Ceylon they have a large number of servants of the Government employed on Agreement. For the sake of illustration I may divide them into three classes:-
1. Those employed for lengthened periods on Agreement, like railway extension
engineers and officials engaged on the harbour works.
2. Men of the class of engine drivers, railway guards, and plate layers employed on Agreement, with a prospect of the employment being made permanent, 3. Officers of the class of Public Works Department and Irrigation Engineers
on their first joining the Department.
The officers in Class 1 are engaged on Agreements usually for three to five years. They are paid rates in excess of what would be paid to permanent servants of the Government similarly employed. Their engagements are renewed from time to time
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on advantageous terms, but they are never regarded as holding pensionable offices and never receive Exchange Compensation.
The officers in Class 2 are brought out from England, usually on five years' Agreements, and generally with incremental rates of salary. But during the period of their agreements they receive no Exchange Compensation, and their offices are not regarded as pensionable. When a man of this class completes his five years on Agreement, the Head of his Department reports to Government on his character, conduct and efficiency. It is then decided either that he be sent back to England- this frequently occurs or that he is taken on the permanent establishment. If he is taken on the permanent establishment he is allowed to draw from the date of his confirmation Exchange Compensation, and his service, including the five years already passed on Agreement, is made pensionable. I should mention that during the period of his service on Agreement his post is provided for in the estimates just as if he were on the permanent list.
Then with respect to officers in Class 3 they are usually on three years' Agreement with power to Government to terminate the Agreement at the end of one year. The object is to enable the Head of the Department to form an opinion as to the capacity of the employed. The Agreement is generally terminated at the end of the first year, the Head of the Department reporting to Government that the officer employed is suited to the service or the opposite. If the former he is placed on the list, his service on Agreement being recognised as pensionable, and he receives Ex- permanent change Compensation from the date of his first employment. Sometimes, but not often, an officer is kept on for the full period of three years. If at the end of the three years he is reported as qualified and suitable, his three years' service is recognised as pensionable, and he draws Exchange Compensation in respect of his back service, the period on Agreement. The reason for the difference of treatment in this case is that the Government recognises that these men are kept on Agreement merely as on probation, and that though on Agreement they receive no better terms or higher rate of pay than if they were on the permanent list from the beginning. The grant to them of Exchange Compensation for the period served on Agreement is not provided for in the Agreement; it is an act of grace on the part of the Government.
W. T.
July 18.
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No. 81.
STRAITS SETTLEMENTS.
GOVERNOR SIR F. A. SWETTENHAM to MR. CHAMBERLAIN.
(No. 317.)
(Received August 18, 1902.) [Answered by No. 87.]
SIR,
I HAVE the honour to acknowledge your despatch, No. 183, of 13th June,* con- cerning the leave pay and pension to be drawn by subordinate officers when resident in countries with a gold currency.
Government House, Singapore, July 23, 1902.
2. I referred the despatch under reply to the Colonial Treasurer, and I now enclose copy of a minute by that officer, to whose paragraph 2 I propose to reply that the date will be 1st August, 1901.
3. In view of the terms of your despatch under reply, I am disposed to withdraw my own objections to the proposal, but I think you ought to see what the Treasurer has written before the question is finally settled. What he says is correct, and I am inclined to think that there will be greater discontent on account of those who are able to, and do hereafter, take advantage of this permission than there would be if your decision of 2nd August last were adhered to. It is even probable that if no Volunteer Contingent had visited England this question would not have been raised. I recog- nise, however, the force of the arguments in paragraphs 3 and 4 of your despatch.
I have, &c.,
• No. 69.
F. A. SWETTENHAM.
↑ No. 24.