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PUBLIC RECORD OFFICE
Reference :-
TREEC.O. 882/11
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- | COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON |
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15. My own view, for what it may be worth, is that the political complications which would be likely to result from such action as is contemplated by the Civil Service Association would in all probability be too formidable to be left out of account, and that the claim of the Association, though logically incontrovertible, could not in prac- tice be maintained by the Government under the present Constitution. Unless the protection which will doubtless be given to existing and accruing rights in any constitu- tional instrument which may result from the recommendations of Lord Donoughmore's Commission can be so devised as to restore to the Imperial authority absolute control over pension conditions and various other Service conditions, I think it would be proper to accord to present public officers the right to claim, at any time within a I doubt whether the prescribed period of, say, five years, retirement on terms analogous to those provided in Section 7 of the Pensions Minute for abolition of oflice. option would be exercised by so many officers as to cause very serious inconvenience, but even if it were exercised more freely than I should anticipate, I should prefer to face the inconvenience rather than to leave public officers under a legitimate sense of A convenient opportunity of making provision for such unredressed grievance. optional etirement would be afforded by the issue of any new constitutional instrument. 10. I agree with Mr. Fletcher's view that the proposed alteration of the Pension Minute dealing with the age of retirement need not be referred to the Legislative Council or to the Finance Committee, and I would propose, if you approve, to bring into force such amendment of the Pension Minute as you may sanction (vide my Confidential despatch (2) of to-day*) without any such reference. My reason for thinking such reference unnecessary is that any additional expenditure likely to be involved might be expected to be inconsiderable, and that in these circumstances the change might properly be regarded as of administrative rather than financial significance.
I have, &c.,
SIR,
Enclosure 2 in No. 1.
H. J. STANLEY,
Governor.
Office of the Controller of Indian Immigrant Labour,
Colombo, 14th July, 1927.
I HAVE the honour to inform you that Sessional Paper XIV of 1927 was considered by the Committee of the Civil Service Association on the 13th instant, and the Committee noted with appreciation the amendment of the Pension Minute proposed by the Government and approved by the Secretary of State.
2. The Committee, however, observed that it is proposed according to the despatch of Sir Hugh Clifford to introduce a formal motion on the subject before the Legislative Council. The terms of Section 2 of Ordinance No. 6 of 1905 have always created a feeling of security in the Government Service regarding its claims to pension rights; and the proposed procedure to place the amendments required in the Pension Minute before the Legislative Council directly or indirectly, has caused considerable apprehension that the security hitherto enjoyed in the matter of pensions may be undermined.
3. The Committee are, of course, unaware of any special considerations which may have rendered this procedure advisable in this case, but they express the hope that the Government can see its way in any future amendments of the Pension Minute to avoid, if possible, a procedure which tends to surrender the powers of the Secretary of State and the Government in a matter that so vitally affects the security of the Public Services.
4. The Committee respectfully requests that His Excellency the Officer Adminis- tering the Government would consent to receive a deputation from the Committee to place before His Excellency more fully the views embodied in this letter.
I am, &c.,
T. REID, Chairman, Ceylon Civil Service
Association.
The Honourable
The Colonial Secretary.
* C. 53269/28: not printed.
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Enclosure 3 in No. 1.
A DEPUTATION from the Civil Service Association consisting of Messrs. T. Reid, B G. de Glanville, and H. E. Newnham met His Excellency the Officer Administering the Government at Queen's House on 16th July, 1927. The Acting Colonial Secretary, Mr. Tyrrell, was also present.
His Excellency informed the deputation that the vote of Rs.200,000 needed to meet the cost of the death gratuities proposed would be included in the Budget to be placed before the Select Committee of the Legislative Council this month and that a formal motion on this subject and the connected one of the commutation of pensions would not be placed before the Legislative Council, unless the Council should ask the Government to give effect to the undertaking in Section 6 of Sir Hugh Clifford's despatch of the 30th November, 1926.*
He stated that the proposal to allow commutation of one-fourth of pensions would not be placed before the Select Committee unless the Treasurer stated that this proposal implied additional expenditure over and above the amount already included in the Estimates, in which event the further sum required would be put before the Select Committee.
As regards the steps to be taken should the Legislative Council reject the vote of Rs.200,000 referred to, His Excellency stated that he would now enquire of the Secretary of State what the position of the Governor was under Ordinance No. 6 of 1905, and how far it was permissible for him to authorise payment of pensions, retired allowances, and gratuities involving a new charge upon the revenue without obtaining the prior approval of the Legislative Council.
In his opinion the death gratuity was not within the scope of the Ordinance, but the point would be referred to the Secretary of State.
His Excellency did not think that pension rules regarding retirement at 50, if decided on, need be referred to the Legislative Council, but he would refer this point also to the Secretary of State.
His Excellency said that he would inform the Secretary of State that the deputa- tion had conferred with him on the above matters and he requested the Civil Service Association to send him as early as possible a memorandum setting out the various issues involved, which he would forward to the Secretary of State.
Enclosure 4 in No. 1.
MEMORANDUM ON THE PROPOSED AMENDMENTS TO THE PENSION MINUTE SET OUT IN SESSIONAL PAPER 14 OF 1927.
The
payment of salaries and pensions of the Civil Service was guaranteed by law
in 1870. Ordinance No. 1 of that year authorised the Governor to issue his warrant for the payment of salaries and allowances as appropriated in two schedules dealing with staff and subordinate officers respectively. Section 6 of the Ordinance empowered payment of the several pensions, retired the Governor to issue his warrant for the allowances and gratuities which have been already granted or which may hereafter be granted in conformity with the provisions contained in the minutes of Government relating thereto now in force, or which may hereafter be made and issued.' additional schedule was added two years later by Ordinance 8 of 1872.
An
2. The Sub-Committee of the Legislative Council which reported on the Supply Bill, 1905, stated in paragraph 9 of their report (vide Sessional Paper XXVIII of 1904): The Sub-Committee desire to make the following recommendations with regard to the form of the estimates of future years :-
""
(a) That all reference to the Fixed Establishment Ordinance be omitted. This Ordinance which was enacted in 1870 has ceased to bear any resemblance, even the most distant, to the state of things which it is supposed to confirm, and the presence in the Estimates of its incorrect and misleading figures causes mis- apprehension, confusion and delay. The Sub-Committee consider that in the circumstances of this Colony a Fixed Establishment Ordinance is not necessary. 3. Following upon this recommendation Ordinance 6 of 1905 was introduced. In moving the first reading the Attorney-General stated :-
"The repeal of Ordinance No. 1 of 1870 was recommended by the Sub- Committee of the Legislative Council on the Supply Bill of the current year on the ground that, owing to the changes which have occurred in the Civil Establish-
* C. 23393/26: not printed.